5.4 Judgments and orders Flashcards
Which Parts contain the provisions about judgments and final orders?
Part 40 - Judgments, Orders, Sale of Land etc.
Part 12 - Default Judgment
Part 24 - Summary Judgment
When are judgments and final orders made?
After the trial or final hearing
What are the court’s options where it gives judgment in a claim in which the principal claim and the counterclaim both succeed?
CPR 40.13
(2)
If there is a balance in favour of one of the parties, [the court] may order the party whose judgment is for the lesser amount to pay the balance.
(3)
… the court may make a separate order as to costs against each party.
What is ‘the slip rule’?
CPR 40.12
(1)
The court may at any time correct an accidental slip or omission in a judgment or order.
(2)
A party may apply for a correction without notice.
40B PD 4.1
Where a judgment or order contains an accidental slip or omission a party may apply for it to be corrected.
[Usually the court will circulate the judgment two days before handing it down for this purpose.]
40B PD 4.3
The judge may deal with the application without notice if the slip or omission is obvious or may direct notice of the application to be given to the other party or parties.
What happens where the parties agree to settle during proceedings?
CPR 40.6(1)
[a “consent order”]
This rule applies where all the parties agree the terms in which a judgment should be given or an order should be made.
When must the party responsible for drawing up an order file it and what happens if it fails to do so?
CPR 40.3(3)
Where a judgement or an order is to be drawn up by a party -
(a)
he must file it no later than 7 days after the date on which she court ordered or permitted him to draw it up so that it can be sealed by the court; and
(b)
if he fails to file it within that period, any other party may draw it up and file it.
What procedure must a party follow once it has drawn up an order?
CPR 40.4(1)
Where a judgment or an order has been drawn up by a party and is to be served by the court –
(a)
the party who drew it up must file a copy to be retained at court and sufficient copies for service on him and on the other parties; and
(b)
once it has been sealed, the court must serve a copy of it on each party to the proceedings.
What are the two parts of a Tomlin Order?
1.
The order; and
2.
The schedule.
What goes into the order in a Tomlin Order?
It is a public consent order containing the following provisions:
1.
Stay of proceedings;
2.
Monies to be paid into court (if required);
3.
Costs to be assessed.
What goes into the schedule in a Tomlin Order?
It is a private contract: terms of the agreement.
Why is a Tomlin Order helpful?
1.
It enables the parties to resolve the issue with provisions that the court could not order.
2.
It enables the parties to maintain confidentiality with regard to the terms of their settlement.
When does a judgment or order take effect?
CPR 40.7(1)
A judgment or order takes effect from the day when it is given or made, or such later date as the court may specify.
When does interest on a judgment order start to run?
CPR 40.8(1)
… the interest shall begin to run from the date that judgment is given unless –
(a)
a rule in another Part or a practice direction makes different provision; or
(b)
the court orders otherwise.
What is the rate of interest on judgment debts?
8%
What is the deadline to pay judgment debts?
CPR 40.11
A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless –
(a)
the judgment or order specifies a different date for compliance …;
(b)
any of these Rules specifies a different date for compliance; or
(c)
the court has stayed the proceedings or judgment.
