Judgments, Orders and Enforcement Flashcards
Generally, who will draw up the judgment or order?
The Court
In what circumstances might a party draw up a judgment/order?
- where it is a consent order
- where court orders/agrees party shall
- no need for one
Where an order is to be drawn up by a party, what is the time limit for doing so?
- NLT 7 days after ordered/permitted to do so
- failure = any other party may draw it up
How and to whom must judgments be served?
- copy filed at court
- court serves copy on all parties
When may a court officer enter and seal an agreed judgment/order?
It is an order for
- payment of a sum of money or the delivery of goods
- order for dismissal/stay of proceedings/enforcement of judgment
- setting aside of Default judgment
- payment of money out of court
- discharge from liability of any party
AND
- none of the parties is a litigant in person
- the approval of court is not required
What is a Tomlin Order
A consent order agreed between parties where there is an open/public part which deals with:
- stay of proceedings
- right to compel compliance
- payment and assessment of costs
AND a private schedule (contract between parties) which may impose further conditions on a party than the court has scope to enforce.
When does judgment or order takes effect ?
from the day given or made, or at a later date if specified by court
When will interest on a judgment begin to run?
from date judgment given unless otherwise specified (could be pre-judgment!)
What time do parties have to comply with a judgment or order?
within 14 days unless otherwise specified by order/PD/rule OR proceedings for judgment stayed
Can errors in judgment be corrected, if so, when?
yes an accidental slip/omission , at any time without notice
party may apply for this to be corrected.
What may a court do when giving judgment both on a claim and a counterclaim?
Order the party whose judgment for lesser amount to pay the balance, and make separate orders for costs against each party.
What methods of enforcement may a judgment creditor use?
- any method available
- more than one, at the same time or one after another
Where a party has failed to comply with a mandatory order - what can court order?
that the act be done at the expense of the disobedient party
What happens of judgment is made in favour of/against a non-party?
can be enforced by/on them by same methods
What is the effect on enforcement if judgment is set aside?
judgment/order ceases to have effect
What are the 5 types of enforcement?
- Taking Control of Goods Order - Writ (CC), Warrant (HC)
- third party debt order
- charging order
- attachment of earnings order
- appoint receiver
Who/How may a judgment creditor order to attend court?
- judgment debtor (individual or rep of company) to provide info about debtor’s means
- application without notice in CC hearing centre where judgment/order made
- containing notice alerting them of consequence of non-attendance
How will a hearing for information be conducted?
- carried out by a court officer (unless ordered before a judge)
- where court officer creditor MAY attend to ask questions
- where judge creditor MUST attend and conduct questioning
consequence of non-attendance/compliance at/after information hearing
- matter referred to HC/Circuit Judge
- contempt of court, fine, imprisonment, confiscation of assets
- order suspended if attends on time and complies with terms of new and og order
What is a third party debt order?
- where parties who owe the judgment debtor money, pay this directly to the judgment creditor.
A BANK ACCOUNT
What are the four kinds of charging order?
- on land
- on securities
- on interest in a fund in court
- interest in partnership property
Can a charging order be made over land which is jointly owned?
yes - will be on beneficial interest rather than the land itself
How can application for a charging order be made?
- without notice - to CC money centre unless over fund in court
- can be a single order against multiple judgment and vice versa
Who do rules on enforcement not apply against?
the crown
