Judgments, Orders and Enforcement

Question 1

Apart from details in respect of the parties, the court, the claim number and the terms (and ignoring any exceptions) there are several things that must generally appear on the face of a judgment or order. Name 2.

Answer 1

(i) NAME and JUDICIAL TITLE of person who made it;
(ii) DATE ON WHICH IT WAS GIVEN OR MADE;
(iii) COURT SEAL;
(iv) Where a party has sought permission to appeal, PROVISIONS IN RESPECT OF AN APPEAL
CPR rr. 40.2(1), 40.2(2)(a),(b), 40.2(4)

Question 2

From when does a judgment or order take effect?

Answer 2

From the day it is given or made (otherwise such later time as the court may specify)
CPR r40.7 (1)

Question 3

Who will usually draw up a judgment or order?

Answer 3

The general rule is that every judgment or order will be drawn up by the court (but not where the claim is a non-JR claim proceeding in the KBD at the RCJ).
CPR r. 40.3(1)

Question 4

Give 2 circumstances in which the court would NOT draw up the order.

Answer 4

(i) Court orders a party to draw up the order
(ii) A party, with the permission of the court, agrees to draw it up;
(iii) Court dispenses with the need to draw up an order;
(iv) The order is a consent order under CPR r. 40.6.
CPR r. 40.3(1)(a)-(d)

Question 5

If a party is to draw up an order, what is the time limit within which it must be filed with the court?

Answer 5

No later than 7 days after the date on which the court ordered or permitted the party to draw it up.
CPR r. 40.3(3)(a)

Question 6

What are the consequences where a party, who is to draw up the order, fails to file it within 7 days?

Answer 6

Any other party may draw up and file the order.
CPR r. 40.3(3)(b)

Question 7

If a judgment/order for the payment of an amount of money is silent as to the time within which it is to be paid, within what period should the judgment be satisfied?

Answer 7

Within 14 days of the date of the judgment or order.
CPR r. 40.11

Question 8

Who can apply to set aside or vary an order?

Answer 8

A party; any person affected by the order who is not a party.
CPR r. 40.9 and see WB commentary at 40.9.1

Question 9

What must a MANDATORY order specify?

Answer 9

The relevant act and the time within which the relevant act must be done, by reference to TIME AND DATE
PD40B para 8 and see also CPR r. 2.9

Question 10

Apart from that of confidentiality of the terms of a settlement, what is the advantage of a Tomlin order? (Goes to the nature of the terms that can be included in the schedule).

Answer 10

The schedule can include terms agreed by the parties that go beyond the court’s jurisdiction or go beyond the ambit of the original dispute.
See commentary to CPR 40.6 at 40.6.2

Question 11

If a party does not comply with the terms in the schedule to a Tomlin order, what can the other party do?

Answer 11

Apply to the court for an injunction or an order for specific performance.
This is why the wording of the order is: “The Claimant and the Defendant having agreed to the terms set out in the Schedule hereto, IT IS ORDERED THAT all further proceedings in this claim be stayed except for the purpose of carrying such terms into effect. Permission to apply as to carrying such terms into effect.”
CPR r40.6- see commentary at CPR r40.6.2

Question 12

What is the ordinary rate of interest on a judgment debt?

Answer 12

8%: see WB commentary at 40.8.1

Question 13

Under 40.12 , when can the court correct an accidental slip or omission in a judgment or order?

Answer 13

At any time.

Question 14

Under 40.12 (2), who can apply for a correction without notice?

Answer 14

A party.

Question 15

When does the rule under CPR r40.13 apply?

Answer 15

where the court gives judgment for specified amounts both for the claimant on his claim and against the claimant on a counterclaim.

Question 16

Under 40.13(2), if there is a balance in favour of one of the parties, what can the court order?

Answer 16

may order the party whose judgment is for the lesser amount to pay the balance.

Question 17

when a court gives judgment for a specified amounts under 40.13, what can the court do?

Answer 17

the court may make a separate order as to costs against each party.

Question 18

Under PD 40B paragraph 4.1, where a judgment or order contains an accidental slip or omission, who can apply for it to be corrected?

Answer 18

A party.

Question 19

Under PD 40B paragraph 4.2, what should the application notice do?

Answer 19

it should describe the error and set out the correction required.

Question 20

Under PD 40B paragraph 4.2 when can an application be dealt with in a hearing. Name 1

Answer 20

where the applicant so requests
with the consent of the parties
where the court doesn’t consider that a hearing would be appropriate.

Question 21

Under PD 40B paragraph 4.3 when can a judge deal with the application without notice?

Answer 21

if the slip or omission is obvious or may direct notice of the application to be given to the other party or parties.

Question 22

Under PD 40B paragraph 4.4, what should happen if the application is opposed if it is practicable?

Answer 22

be listed for hearing before the judge who gave the judgment or made the order

Question 23

Under PD 40B paragraph 4.5, what does the court have inherent power to do?

Answer 23

to vary its own orders to make the meaning and intention of the court clear.

Question 24

Under PD 40B paragraph 8.1, must be specified for an an order that requires an act to be done?

Answer 24

it must specify the time within which the act should be done.

Question 25

Under PD 40B paragraph 8.2, for an order requiring an act to be done, what can be set out in the order?

Answer 25

the consequences of failure to do an act within the time specified.

Question 26

under 40.3 name three exceptions where a judgment or order will not be drawn up by the court?

Answer 26

if court order a party to draw it up
the court dispenses with the need
it is a consent order under 40.6

Question 27

true or false:
if an judgment or a court order is drawn up by a party it needs to be checked by the court before it is sealed?

Answer 27

true

Question 28

true or false:
if the judgment or order is drawn up by the court, then the party files an agreed statement of its terms.

Answer 28

true.

Question 29

if the statement is drawn up by the party, when must this be filed?

Answer 29

no later than 7 days after the date on which the court ordered/ permitted him to draw it.

Question 30

if a party fails to file the statement, what is the consequence?

Answer 30

that any other party may draw it up and file it.

Question 31

if a party draws up a judgment or order and it is served by the court, what must the party ensure there is?

Answer 31

that there sufficient copies

Question 32

when does judgment or order takes effect?

Answer 32

from the day it was given or made or the court can specify a later date

Question 33

what time does interest starts to run from?

Answer 33

from the date of the judgment or the order unless a rule/PD says or if the court says otherwise

Question 34

true or false:
a person who isn’t a party but is directly affected may apply to have the judgment or order set aside/varied.

Answer 34

true.