--(1) This rule applies where the court makes an order which includes a term that the statement of case of a party, or part of a statement of case, shall be struck out if the party does not comply with the order (an "unless order").
--(2) If the party does not comply with the order, any other party may ask for judgment to be entered and for fixed costs appropriate to the stage that the proceedings have reached.
--(3) A party may obtain judgment under this rule by filing a request for judgment.
--(4) The request must certify that the right to enter judgment has arisen because the court's order was not complied with and state the facts which entitle him to judgment.
--(5) Judgment under this rule shall be such as the party by whom the request is filed is entitled to.
--(6) Where a decision of the court is necessary in order to decide the terms of the judgment the party making the request must apply for directions.
Notes
Back to Part (26. Case Management - The Court's Powers)
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