(1)Where a defendant fails to file and serve his Statement of Defence and the time for doing so has expired, the plaintiff may, upon filing proof of service of the Statement of Claim, require the clerk to note the default.

(2)Except as provided in Rule 22.05(3), where the court has ordered that a Statement of Defence be struck out without leave to file and serve another, or with leave to file and serve another and the time for doing so has expired, the plaintiff, upon filing a copy of the order, may require the clerk to note the default of that defendant.

(3)Where the plaintiff has failed to require the clerk to note a defendant in default, any other defendant who has filed and served a Statement of Defence and wishes to set the action down for trial may, on notice to the plaintiff, apply for leave to require the noting of such default.

(4)A request to note a defendant in default shall be made in writing and signed by the party or his solicitor.

(5)Until a defendant has been noted in default, he may file and serve his Statement of Defence.

(1)A defendant who has been noted in default

(2)Notwithstanding any other rule, any step in the proceeding may be taken without the consent of a defendant who has been noted in default, and, except as provided in Rules 27.10, 28.03, 29.03 and 30.13 or unless ordered otherwise, he shall not be entitled to notice of any step in the proceeding and need not be served with any other document.

(1)A noting of default may be set aside by the court at any time on such terms as may be just.

(1.1)A noting of default shall be set aside by the clerk at any time at the request of the plaintiff in writing and signed by the plaintiff or the plaintiff’s solicitor.

(2)Where a defendant files and serves a Statement of Defence with the consent of the plaintiff under Rule 21.02(1)(b), the noting of default against the defendant shall be deemed to have been set aside.

(1)After the noting of default, a plaintiff may require the clerk to sign judgment against a defendant noted in default in respect of a claim for

(2)Before the signing of default judgment for a debt or liquidated demand in money, there shall be filed with the clerk an affidavit of the plaintiff, the plaintiff’s solicitor, or an officer or employee of the plaintiff, stating

(3)Where the claim has been partly satisfied, the default judgment shall be confined to the remainder of the claim.

(4)When signing judgment, the clerk shall determine the costs to which the plaintiff is entitled against the defendant in default in accordance with the appropriate tariffs.

(5)A default judgment shall not be signed against a party under disability without an order of the court.

(1)After the noting of default, the plaintiff shall proceed to trial in respect of any claim for unliquidated damages, unless the amount of the damages has been agreed upon.

(2)In proceeding under paragraph (1), the plaintiff may prove his damages by affidavit unless the court orders otherwise.

(1)After the noting of default, the plaintiff may apply to the court on motion for judgment on the Statement of Claim as against a defendant noted in default in respect of any claim for which he has not signed default judgment or for which he is not required by Rule 21.05 to proceed to trial.

(2)Where an action proceeds to trial, a motion for judgment on the Statement of Claim as against a defendant noted in default may be made at the trial.

(1)A default judgment obtained under Rule 21.04 shall not prejudice the right of the plaintiff to proceed against the same defendant for other relief or against any other defendant for the same or other relief.

(2)A plaintiff is not entitled to judgment on a motion for judgment or at trial merely because the facts alleged in his Statement of Claim are deemed to be admitted, unless such facts entitle him to judgment as a matter of law.

(1)Where an originating process has been transmitted abroad for the purpose of service under the provisions of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and no certificate of service or delivery has been received, notwithstanding the provisions of the first paragraph of Article 15 of such Convention, the court may give judgment if the conditions set out in the second paragraph of Article 15 of the Convention are fulfilled.

(2)Notwithstanding paragraph (1), the court may order, in case of urgency, any provisional or protective measures.

(3)Where an originating process has been transmitted abroad for the purpose of service under the provisions of such Convention and a judgment has been entered against a defendant who has not defended, if the conditions set out in the first paragraph of Article 16 of the Convention have been fulfilled the court, on motion, may relieve the defendant from the effects of the expiration of the time for appeal from the judgment, but the application for such relief will not be entertained if it is filed after the expiration of one year following the date of judgment.

(4)Paragraph (3) shall not apply to judgments concerning the status or capacity of persons.