Trails/Judgments/Orders Flashcards
What are the 3 types of order that the court can make?
Pre-action order
Interim orders
Final orders
Who will try the claim:
Fast track trials in the County Court?
Multi-track trials in the HC?
Multi-track trials in the County Court?
Fast track trials in the County Court = DISTRICT JUDGE or deputy district judge
Multi-track trials in the HC = HC JUDGE, deputy HC judge or CIRCUIT JUDGE sittings as a section 9 judge (circuit judge what is able to do HC work)
Multi-track trials in the County Court = CIRCUIT JUDGE or RECORDER
Who can represent a company at trial?
By an authorised employee - needs to be appointed by company and the court agrees
Claimant has to file trial bundle between ___ and ___ days before trial
In Fast track cases = Summary assessment of costs should be expected — When should a statement of costs be filed?
7 and 3 days
Not less than 2 days before hearing
In most cases what stands in for examination in chief?
In fast track cases will an expert attend for cross examination?
The witness’s witness statement
NOT normally, may attend in multi-track cases
Every judgment or order must state the ____ and _____ title of the person who made it
Every judgment or order must: bear the ___ on which it is ___ or ____; and be _____ by the Court
Order requiring an ___ to be ____ must specify the ____ in which the ___ should be done
Order needs to specify the ____ by which and the ____ by when the act must be done
NAME / JUDICIAL
DATE / MADE / GIVEN / SEALED
Act / done / time / act
Date / time
An judgment or order will be drawn by by whom?
What are the exception to this?
BY the COURT
UNLESS:
Court orders a party to draw it up
Party, with the permission of the court, agrees to draw it up
Court dispenses with need to draw it up
- What may the court direct when a judgment or order is drawn by by a party?
- What is the time limit in place if a party is to draw up an order?
- What if the party fails to draw up the order and file it within the time limit?
- How may copies does a party need to file with the court when a party draws up an order?
- Once it has been sealed who will serve a order drawn up by the parties and onto whom?
- Unless otherwise orders, all judgments/orders made in the QBD (car administrative court) are draw up by whom?
- Who draws up a consent order?
- That it needs to be checked by the court before it is sealed
- Must be files NO LATER THAN 7 DAYS after court ordered/permitted party to draw it up
- Then any other party may draw it up and file it
- One for court to retain and 1 for service on that party + 1 for every other party
- The court, onto every party in proceedings
- & 7. By the parties
When does a judgment or order take effect from?
The day it is given/made or later date specified in the order
When does judgment interest begin to run from?
What court ___ order that interests shall ____ to run from a date ___ the date judgment was given
From date JUDGMENT is GIVEN
UNLESS:
Rule/pd says otherwise or court orders otherwise
MAY / Run / BEFORE
May a party who is not a party to proceeding apply to have the judgment set aside or varied
Yes if the person is DIRECTLY AFFECTED by the judgment or order may apply to have the judgment or order set aside or varied
Within what time limit must a party comply with a judgment/order for the payment of an amount of money?
Does this include costs?
Within 14 days of the date of judgment, unless court orders otherwise
yes includes any payment for costs
If a judgment debtor fails to pay up within 14 days what will happen?
Debt will be entered onto register of Court Judgments
— Harm the debtors chance of getting any form of credit going forward
The court may at __________ correct an _________ _____ or _____ in a judgment or order
Does the party applying for the correct have to give notice?
What is this extended to cover?
If notice is able to be given what should it set out?
Correct / accidental slip / omission
No can apply without notice
Spelling/formatting errors
Notice = describe the error and set out the correction required
If a party fails to attend a trial the court may ______ in the ____ of a party, but —
If no party attends, it may ….
If the C does not attend, it may ….
If the D does not attend, it may ….
Proceed / absence
If no party attends = may strike out whole of proceedings
If the C does not attend = may strike out C claim and any defence to counterclaim
If the D does not attend = may strike out D defence or counterclaim (or both)
An absent party may apply to court to have proceedings restored or for a judgement made against them to be set aside
Court will grant the application only if, what?
Even if the application is successful, the non-attending party may have to pay …
Applicant, acted promptly when they found out court had struck out/entered judgement;
Applicant had good reason for not attending trial; and
Applicant has a reasonable prospect of success at trial.
Costs
When all the parties agree the term in which a judgment should be given (i.e a consent order) who can enter and seal the judgment?
Court officer: IF:
judgement is type listed in 40.6
NONE of the parties is a LITIGANT IN PERSON
Approval of the court is not required
Also cannot make consent order if it involves child or PP
What type of consent orders/judgments may a court officer enter and seal?
Judgement/order for
payment of money
Delivery up of goods
Order for
Dismissal of proceedings- wholly or part
A Stay of proceedings disposing of the proceedings
Stay of enforcement of a judgment
Tomlin order
What are the formality of a consent order?
Must be drawn up on the _____________
Must be express as being _______
Must be signed by the ________________ acting for each party or by the ____ if they are a __________
Terms agreed
By consent
Legal representative / party / litigant in person
A consent order will take effect in ____ and _____ __________
Full and final settlement
When an order requires an action to be done (other than payment of money) what must/may it specify? (2)
Must = Time in which the act should be done
May = Consequence fo failure to do the act within the time
What is a Tomlin Order?
How does it work?
Way in which a claim can be disposed of when settlement is reached
Works by imposing a stay of proceedings, with liberty to apply to remove the stay if a party defaults
Stay will be on the agreed terms which will be scheduled to the order
Structure:
2 parts:
1. The order, which must contain:
A. Must contain stay of proceedings bar carrying out the terms
B. Liberty to apply to the court to compel compliance of the terms
C. Dealing with costs
2. The schedule
• The actual agreement
Tomlin order will not be necessary if ….
All that is requires is an order than one party shall pay only to another
Are the terms in the schedule (i.e terms upon which settlement has been reached) part of the order?
Where should any provision seeking detailed assessment of a party’s cost be?
Are the terms contained in the schedule approved by a judge?
NO — So schedule cannot be directly enforce as an order of the court
Should be IN THE BODY OF THE ORDER, NOT in SCHEDULE as otherwise judge will not be able to carry out the assessment
No can agree whatever within the schedule, only the ORDER aspect will be approved by the judge
Following an application for a Tomlin order to be approved, what orders may the court make?
- Proceedings be stayed to enable agreed terms to be put into effect
- If the agreed terms require it order for party to pay money to another party or into the court
- For costs to be assessed
If the parties want the terms agreed in the schedule to remain confidential what must they do?
What should a party do if another party default on a Tomlin order?
Should apply for approval from chancery division
Default:
Substantive terms in a Tomlin order take effect and are enforceable as they stand without the need for any further court order — Because included in the COURT ORDER
In the event of the scheduled terms being breached, enforcement is a 2 stage process:
1 = Claim must be restored under the ‘liberty to apply’ clause, and
2 = an order obtained to compel compliance with the term breached
What are the advantages of a Tomlin order?
- the schedule to the order does not have to be made public, so can include terms which the parties which to keep confidential
- The schedule, unlike the order itself, is not limited to those orders that a judge has jurisdiction to make in the case
- The schedule is better suited to record long or complex terms, as it can be worded in a more flexible way than the order itself
Compromise Agreements:
what do you need to take into account when you are drawing up an agreement which is in full and final settlement of the whole dispute?
Will normally be in FULL AND FINAL settle the
Effect = whole of the old dispute can no longer be litigated, and is replaced by the terms of the compromise
Use of the words make it difficult to obtain a court order rectifying the agreement
In a case where judgment is given on both a claim and a counterclaim what can the court order if there is a balance in favour of one of the parties?
I.e Party A is awarded their claim of £10,000 and party B is awarded their counterclaim of £15,000
If the court make an order of this nature what how will the court address costs?
Court may order the party whose judgment is for the lesser amount to pay the balance
I.e so Party A would pay party B £5,000
Court may make a separate order as to costs against each party
