Judgments and Orders - Part 40

Question 1

Requirements for a judgment

Answer 1

40.2

Question 2

Penal notice?

Answer 2

You’re warning someone of the effects of non-compliance aka contempt of court

Question 3

Consent order - 40.6

Answer 3

Consent order is written agreement between the parties.
Not binding until court has approved it, as it requires court to do stuff/take action, so not actually binding between the parties.
Some items within consent order are public.
Used for very simple procedural issues in a very simple case.
There’s rules as to how consent order should be drafted and what it can/can’t include.
40.6.3 - examples of when you’d use consent orders.

Question 4

Who draws up judgments and orders?

Answer 4

Default rule - court draws it up - 40.3
However, court officer can also draw it up or a party agrees to draw it up
If drawn up by a party, it must be checked by court before it’s sealed

Question 5

How many days do you have to draw up consent order?

Answer 5

7 days

Question 6

Tomlin orders

Answer 6

Complex version of consent order.
More of a ‘fixed’ process
Formally binding contract straightaway; more watertight
Items in schedule remain private
Use TO if you don’t want court involved anymore.
Put terms agreed in schedule and it’ll be confidential
In an intellectual property dispute/complex matter/schedule includes sensitive info - use TO rather than CO