Judgments, Orders and Enforcement Flashcards
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.
(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)
From when does a judgment or order take effect?
From the day it is given or made (otherwise such later time as the court may specify)
CPR r40.7 (1)
Who will usually draw up a judgment or order?
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)
Give 2 circumstances in which the court would NOT draw up the order.
(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)
If a party is to draw up an order, what is the time limit within which it must be filed with the court?
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)
What are the consequences where a party, who is to draw up the order, fails to file it within 7 days?
Any other party may draw up and file the order.
CPR r. 40.3(3)(b)
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?
Within 14 days of the date of the judgment or order.
CPR r. 40.11
Who can apply to set aside or vary an order?
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
What must a MANDATORY order specify?
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
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).
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
If a party does not comply with the terms in the schedule to a Tomlin order, what can the other party do?
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
What is the ordinary rate of interest on a judgment debt?
8%: see WB commentary at 40.8.1
Under 40.12 , when can the court correct an accidental slip or omission in a judgment or order?
At any time.
Under 40.12 (2), who can apply for a correction without notice?
A party.
When does the rule under CPR r40.13 apply?
where the court gives judgment for specified amounts both for the claimant on his claim and against the claimant on a counterclaim.
Under 40.13(2), if there is a balance in favour of one of the parties, what can the court order?
may order the party whose judgment is for the lesser amount to pay the balance.
when a court gives judgment for a specified amounts under 40.13, what can the court do?
the court may make a separate order as to costs against each party.
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?
A party.
Under PD 40B paragraph 4.2, what should the application notice do?
it should describe the error and set out the correction required.
Under PD 40B paragraph 4.2 when can an application be dealt with in a hearing. Name 1
where the applicant so requests
with the consent of the parties
where the court doesn’t consider that a hearing would be appropriate.
Under PD 40B paragraph 4.3 when can a judge 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.
Under PD 40B paragraph 4.4, what should happen if the application is opposed if it is practicable?
be listed for hearing before the judge who gave the judgment or made the order
Under PD 40B paragraph 4.5, what does the court have inherent power to do?
to vary its own orders to make the meaning and intention of the court clear.
Under PD 40B paragraph 8.1, must be specified for an an order that requires an act to be done?
it must specify the time within which the act should be done.
