12.2 Claims in which default judgment may not be obtained

--(1) A claimant may not obtain default judgment where the claim-

----(a) is a fixed date claim;

----(b) is an admiralty claim in rem; or

----(c) a claim in probate proceedings.

--(Rule 74.22 makes special provision for default judgment in admiralty cases for personal injury arising out of a collision between two ships)

--(2) A claimant needs permission from the court if he wishes to obtain default judgment on any claim which is-

----(a) a claim against a State;

----(b) a claim against a minor or patient as defined in rule 2.3; or

----(c) an action in tort brought by one party to a marriage against another.

--(Part 58 deals with proceedings against the State; Part 23 deals with proceedings involving a minor or patient)

--(3) An application for permission must be supported by evidence.

Notes

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