12.10 Nature of default judgment
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(1) Default judgment on a claim for —
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(a) a specified sum of money must be judgment for payment of that amount or, if a part has been paid, the amount certified by the claimant as outstanding —
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(i) if the defendant has applied for time to pay under Part 14, at the time and rate ordered by the court, or
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(ii) in all other cases, at the time and rate specified in the request for judgment.
• Rule 2.4 defines “a claim for a specified sum of money” and sets out the circumstances under which a claim for the cost of repairing property damaged in a road accident can be treated as such a claim.
• Part 65 deals with the quantification of costs.
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(b) an unspecified sum of money must be judgment for the payment of an amount to be decided by the court and must be in Form 32.
• Rule 16.2 deals with the procedure for assessment of damages where judgment is entered under this paragraph.
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(c) goods must be —
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(i) judgment requiring the defendant either to deliver the goods or pay their value as assessed by the court,
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(ii) judgment requiring the defendant to pay the value of the goods as assessed by the court, or
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(iii) (if the court gives permission) a judgment requiring the defendant to deliver the goods without giving the defendant the alternative of paying their assessed value.
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(2) Default judgment where the claim is for some other remedy shall be in such terms as the court considers the claimant to be entitled to on the statement of claim.
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(3) The court shall not have regard to any steps taken by a defendant after —
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(a) a request for default judgment; or
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(b) an application for default judgment for some other remedy, has been made.