ABSTRACT
If proceedings are brought against a child or patient, but he fails to respond to the particulars of claim within the time period specified by the rules, the claimant can only obtain judgment in default by making an application to the court under Part 2332 (rr 12.4, 12.10). If a litigation friend has not been appointed for the child or patient, or the court has not made an order permitting a child to act on his own behalf, the claimant will have to apply for a litigation friend to be appointed before making the application to enter judgment in default (rr 21.3(2)(b) and 21.6(3)).
