(1) If a claim form is served under rule 72.5(5) on a party at whose instance a caveat against arrest was issued, then if —
(a) the sum claimed in the proceedings begun by the claim does not exceed the amount specified in the undertaking given by that party or that party's legal practitioner to procure the entry of that caveat; and
(b) that party or its legal practitioner does not within 14 days after service of the claim fulfil the undertaking given as aforesaid,
the claimant may, after filing an affidavit verifying the facts on which the proceedings are based, apply to the court for judgment by default.
(2) Judgment given under paragraph (1) may be enforced by the arrest and an order for sale of the property against which the proceedings were brought and by committal of the party at whose instance the caveat with respect to that property was entered.
(3) If a defendant to a claim in rem fails to acknowledge service of the claim within the time limited for doing so, then —
(a) on the expiration of 14 days after service of the claim form; and
(b) upon filing —
(i) an affidavit proving due service of the claim form,
(ii) an affidavit verifying the facts on which the proceedings are based, and
(iii) if a statement of claim was not filed and served with the claim form, a copy of the statement of claim,
the claimant may apply to the court for judgment by default and an order for sale.
(4) If the claim is deemed to have been duly served on the defendant by virtue of rule 5.19(2) (deemed service where defendant's legal practitioner accepts service), or was served by the marshal under rule 72.5(4), an affidavit proving due service of the claim need not be filed under this paragraph, but the certificate of service of the defendant's legal practitioner or the endorsement of the marshal under rule 72.5(5) must be lodged with the affidavit verifying the facts on which the claim is based.
(5) If a defendant to a claim in rem fails to serve a defence before the expiration of the period fixed by or under these Rules for service of the defence, the claimant, upon filing —
(a) an affidavit stating that no defence has been served by that defendant;
(b) an affidavit verifying the facts on which the proceedings are based; and
(c) if a statement of claim was not served with the claim, a copy of the statement of claim,
may apply to the court for judgment by default and an order for sale.
(6) If a defendant to a counterclaim in a claim in rem fails to serve a defence to counterclaim on the defendant making the counterclaim, then, subject to paragraph (7) —
(a) after the expiration of the period fixed by or under these Rules for service of the defence to counterclaim; and
(i) an affidavit stating that no defence to counterclaim has been served on the defendant making the counterclaim by the first-mentioned defendant,
(ii) an affidavit verifying the facts on which the counterclaim is based, and
(iii) a copy of the counterclaim,
the defendant making the counterclaim may apply to the court for judgment by default.
(7) No application may be made under paragraph (6) against the claimant in any such proceedings as is referred to in rule 72.2(a).
(8) If the court is satisfied that the applicant's claim is well founded, it may —
(a) give judgment for the claim or counterclaim; and
(b) order the property against which the claim or counterclaim is brought to be appraised and sold and the proceeds to be paid into court; or
(c) make such other order as it thinks just.
(9) In default proceedings in rem evidence may, unless the court otherwise orders, be given by affidavit without any order or direction in that behalf.
(10) The court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this rule.
(11) Part 12 does not apply to a claim in rem.