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No automatic strike out

If a party to proceedings started under the old rules wishes to enter judgment in default or on admissions, he must do so in accordance with the old rules (PD 51, paras 7.1 and 8.1). Entry of judgment in such circumstances is an administrative act which can be carried out by a court officer. However, where there are outstanding issues to be decided, such as the assessment of damages, the court officer may refer the case to a judge for case management decisions to be carried out. The judge will apply the principles set out in para 15 of the Practice Direction,4a which gives him a discretion as to whether to disapply any provisions of the CPR, but with the general presumption that the CPR will apply to the proceedings from then on (PD 51, paras 7.2, 8.2 and 15).