1137When is a defendant in default—partial defence

1137 When is a defendant in default—partial defence (1) A defendant is in default in relation to a part of a plaintiff’s claim for relief (the undefended part of the claim) if— (a) the defendant files a defence but not to the undefended part of the claim; and (b) the undefended part of the claim is a separate cause of action or is severable from the rest of the claim; and (c) the court gives leave to the plaintiff to enter judgment against the defendant for the undefended part of the claim. (2) However, a defendant is not in default in relation to an undefended part of the claim if— (i) the proceeding, or the undefended part of the claim, is stayed under rule 1102 (Stay of debt etc proceeding on payment of amount sought); or (ii) the defendant files a statement under rule 1104 (Judgment on acknowledgment of debt or liquidated demand) in relation to the undefended part of the claim; or (iii) the defendant files a defence to the undefended part of the claim after the time required by rule 102 (Notice of intention to respond or defence—filing and service) or any allowed by the court, but before a default judgment is entered against the defendant in relation to the undefended part of the claim; or Rule 1138 (b) for a counterclaim—the defendant to the counterclaim files an answer to the undefended part of the counterclaim after the time required by rule 466 (3) (Counterclaim—answer to) or any further period agreed between the relevant parties or allowed by the court, but before a default judgment is entered against the defendant to the counterclaim in relation to the undefended part of the claim; or (c) for a third-party notice—the third party files a defence after the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court, but before a default judgment is entered against the third party in relation to the undefended part of the claim.