Versions
(1 version)
 
May 30 2016 onwards

40. Conditions to be satisfied


(1) The claimant may not obtain a default judgment under rule 39
(a) if the defendant has applied to have the claimant's statement of case struck out or for summary judgment and, in either case, that application has not been disposed of;
(b) if the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment;
(c) if the claimant is seeking judgment on a money claim and the defendant has filed and served on the claimant an admission of liability to pay all of the money claimed, together with a request for time to pay;
(d) where he uses the Rule 30 procedure; or
(e) where a rule, practice direction or ADGM enactment provides that the claimant may not obtain a default judgment.