40. Conditions to be satisfied
(1) The claimant may not obtain a default judgment under rule 39 —
(a) if the defendant has applied to have the claimant's statement of case struck out or for summary judgment and, in either case, that application has not been disposed of;
(b) if the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment;
(c) if the claimant is seeking judgment on a money claim and the defendant has filed and served on the claimant an admission of liability to pay all of the money claimed, together with a request for time to pay;
(d) where he uses the Rule 30 procedure; or
(e) where a rule, practice direction or ADGM enactment provides that the claimant may not obtain a default judgment.