Restriction on power to enter default judgment if certificate of service not filed

In force

(1)

This rule applies if—

(a)

a certificate of service of initiating process in due form under rule 6555 (2) is either—

(i)

not filed in a proceeding; or

(ii)

filed in a proceeding, but states that the initiating process has not been served; and

(b)

the defendant has not filed a notice of intention to respond or defence.

(2)

The court must not enter default judgment against the defendant unless satisfied that—

(a)

the initiating process was sent to the central authority, or additional authority, for the Hague Convention country in which service of the initiating process was requested; and

(b)

a period has elapsed since the day the initiating process was sent that is—

(i)

adequate in the circumstances; and

(ii)

at least 6 months; and

(c)

all reasonable steps have been taken—

(i)

to serve the initiating process; or

(ii)

to obtain a certificate of service of initiating process from the certifying authority for the Hague Convention country in which service was requested.

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6560 Restriction on power to enter default judgment if certificate of service not filed