Judgment and Orders Flashcards
who creates judgments and orders?
The court, unless they order a party to, they dispose of the need or it is a consent order.
How long do parties have to file an order once the court has drawn it up?
Usually 7 days unless otherwise stated - if they don’t the other party can be asked to
Who draws up orders at KB /RCJ level?
Presumedly the parties, unless the court says otherwise or acts of own initiative
When a party draws up an order what must they do?
Must file copy for court and service on all other parties. Once sealed court should serve.
How many things can a consent order be used for?
6 situations
What is a consent order?
An order created upon the agreement of parties (not LiPs)
What things can consent orders be used for?
Payment of money or goods, dismissal or stay of proceedings or enforcement, setting aside, costs
What MUST be included in a consent order?
The term “by consent” must be used, must be signed by legal reps and per agreed terms, must have a judge + judgment
When do judgments and orders take effect?
Judgments and orders take effect on the day they’re made unless they say otherwise
When does interest on a judgment take effect?
On the same day as when the judgment is given (unless otherwise ordered)
CPR 40.8A?
Parties in receipt of order/judgment may apply for stay of execution or relief if things have happened since date of judgment
When will relief under CPR 40.8A be granted?
Court will grant stay of execution or other where they thing it is just
Can non-parties apply to get rid or change orders/judgments?
Yes, non-parties can apply to set aside or vary judgments/orders if they are directly affected
How can orders and judgments be corrected?
Where its accidental slips or omissions the court can correct, or the party may apply for correction (without notice)
How long do parties have to comply with judgments and orders?
within 14 days unless ordered otherwise or proceedings stayed (CPR 40.11)
CPR 40.13?
Court can deal with claims and counterclaims simultaneously
When should an application to correct an order or judgment be heard?
When the application is opposed, otherwise, court can deal with application without notice
What are unless orders?
Orders requiring an act to be done
What must be specified in unless orders?
Unless orders must specify time for completing the “or else” act, and may specify consequences.
What is a tomlin order?
A consent order where parties agree on settlement schedule, then stay proceedings and act on the schedule confidentially
Are the terms of a Tomlin order enforceable?
No, tomlin orders record agreements, but they’re only enforceable with further orders.
How can tomlin orders be enforced?
By injunctions or specific performance
Is a Tomlin order binding?
Yes, the schedule is. It’s a contract and so normal rules apply.
What is the effect of a tomlin order?
For D to give C property subject to the agreement + purposes of the compromise
How precise must a tomlin order be?
As precise as a contract must - if too vague, the court won’t enforce
What elements of a tomlin order cannot be in the confidential part?
Any court direction or imperative mustn’t be confidential - so stay of proceedings and costs are above board
What are 3 advantages of tomlin orders?
The schedule remains confidential, they’re not limited to judicial jurisdiction, and can be flexible.
What are 3 drawbacks of tomlin orders?
The enforcement powers are limited, and court can change the order (although not the schedule)
What is considered a recorded settlement per Jacksons?
Comprehensive, clear and detailed; client understands and accepts; terms recorded; appropriately enforceable.
What form do recorded outcomes take?
Governed by the og agreement to enter into ADR, but usually written contract.
How are successful negotiations closed?
with a written contract, or oral agreement “subject to contract” if STC isn’t said, it is presumed.
What is specified in compromise agreements after ADR?
the phrase “full and final settlement” should be clear and explicit to prove actual agreement. - hard to rectify afterwards. MUST be clear WHAT was settled.
When might matters be settled by a consent order agreeing to undertakings?
Non-monetary matters e.g. injunctive relief or specific performance
When would you use “no order save as to costs” to record settlement?
Appropriate for non-money claims and concludes proceedings except quantifying costs
When is it appropriate to use a tomlin order to record settlement?
Useful where agreed terms go outside the scope of litigation or parties want to maintain confidentiality
What is a general way of informing the court of a recorded settlement?
By consent order staying proceedings on agreed terms, or by informing court of settlement on contract,
What is an informal slip application?
A letter requesting a correction of a minor slip up in an order or judgment - doesn’t require payment of usual application fee
In arbitration how are settlements enforced?
By the tribunal making an award and registering that in the courts of the jurisdiction of enforcement as a civil judgment.
How MUST construction industry adjudications be enforced?
The decision is not registerable here so must be enforced by bringing proceedings and entering judgment.
How is settlement usually enforced in non-adjudicative ADR options?
Through a contract of promise that they promisors can be sued upon.
How are ACAS employment conciliations settlements enforceable?
ACAS employment settlements are enforceable in county court as if they were orders.
How is judgment for immediate payment of sum + costs enforced?
Enforcement proceedings (control of goods, charging order etc) can be taken 14 days after judgment
How is judgment for sum and costs subject to a stay of execution pending instalment payments enforced?
If instalments fall into arrears, the stay of execution will be lifted and judgment creditor can then bring enforcement proceedings.
How are consent orders setting out agreement in form of undertakings enforced?
If any terms aren’t complied with, enforcement may be possible immediately OR on application depending on nature of the term.
How is enforcement of breaching a tomlin order schedule achieved?
When schedule terms were breached (1) claim must be restored via permission to apply (2) order should be obtained to compel compliance with the breached term or be in contempt.
How are the non-confidential elements of a tomlin order enforced?
Substantive terms in tomlin orders are enforceable without need for further court order
How are consent orders staying all further proceedings upon agreed terms enforced?
Courts are unwilling to remove stays given this way, so usually must bring new proceedings for breaching the compromise contract
How are consent orders only re: costs setting out agreed terms enforced?
sections in such a consent order may be enforced without a new claim.
