(1) This rule applies where the court makes an order which includes a term that the statement of case of a party be struck out if the party does not comply with the “unless order” by the specified date.
(2) If the party against whom the order was made does not comply with the order, any other party may ask for judgment to be entered and for prescribed costs appropriate to the stage that the proceedings have reached.
(3) If the party wishing to obtain judgment is the claimant and the claim is for —
(a) an amount of money to be decided by the court;
(b) a specified sum of money;
(c) delivery of goods and the claim form gives the defendant the alternative of paying their value; or
(d) any combination of these remedies,
a party may obtain judgment by filing a request for judgment and the judgment must be in accordance with the terms of the statement of claim plus any interest and costs after giving credit for any payment that may have been made.
(4) If the party wishing to obtain judgment is the claimant and the claim is for some other remedy, the party may obtain judgment by filing an application for judgment and the judgment must be such as the court considers that the claimant is entitled to.
(5) The request or application must —
(a) certify that the right to enter judgment has arisen because the court's order was not complied with;
(b) prove service of the “unless order”; and
(c) state the facts which entitle the party to judgment.
• Part 65 deals with the quantification of costs.