Trails/Judgments/Orders

Question 1

What are the 3 types of order that the court can make?

Answer 1

Pre-action order

Interim orders

Final orders

Question 2

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?

Answer 2

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

Question 3

Who can represent a company at trial?

Answer 3

By an authorised employee - needs to be appointed by company and the court agrees

Question 4

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?

Answer 4

7 and 3 days

Not less than 2 days before hearing

Question 5

In most cases what stands in for examination in chief?

In fast track cases will an expert attend for cross examination?

Answer 5

The witness’s witness statement

NOT normally, may attend in multi-track cases

Question 6

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

Answer 6

NAME / JUDICIAL

DATE / MADE / GIVEN / SEALED

Act / done / time / act

Date / time

Question 7

An judgment or order will be drawn by by whom?

What are the exception to this?

Answer 7

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

Question 8

1. What may the court direct when a judgment or order is drawn by by a party?
2. What is the time limit in place if a party is to draw up an order?
3. What if the party fails to draw up the order and file it within the time limit?
4. How may copies does a party need to file with the court when a party draws up an order?
5. Once it has been sealed who will serve a order drawn up by the parties and onto whom?
6. Unless otherwise orders, all judgments/orders made in the QBD (car administrative court) are draw up by whom?
7. Who draws up a consent order?

Answer 8

1. That it needs to be checked by the court before it is sealed
2. Must be files NO LATER THAN 7 DAYS after court ordered/permitted party to draw it up
3. Then any other party may draw it up and file it
4. One for court to retain and 1 for service on that party + 1 for every other party
5. The court, onto every party in proceedings
6. & 7. By the parties

Question 9

When does a judgment or order take effect from?

Answer 9

The day it is given/made or later date specified in the order

Question 10

When does judgment interest begin to run from?

What court ___ order that interests shall ____ to run from a date ___ the date judgment was given

Answer 10

From date JUDGMENT is GIVEN
UNLESS:
Rule/pd says otherwise or court orders otherwise

MAY / Run / BEFORE

Question 11

May a party who is not a party to proceeding apply to have the judgment set aside or varied

Answer 11

Yes if the person is DIRECTLY AFFECTED by the judgment or order may apply to have the judgment or order set aside or varied

Question 12

Within what time limit must a party comply with a judgment/order for the payment of an amount of money?

Does this include costs?

Answer 12

Within 14 days of the date of judgment, unless court orders otherwise

yes includes any payment for costs

Question 13

If a judgment debtor fails to pay up within 14 days what will happen?

Answer 13

Debt will be entered onto register of Court Judgments

— Harm the debtors chance of getting any form of credit going forward

Question 15

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?

Answer 15

Correct / accidental slip / omission

No can apply without notice

Spelling/formatting errors

Notice = describe the error and set out the correction required

Question 16

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 ….

Answer 16

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)

Question 17

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 …

Answer 17

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

Question 18

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?

Answer 18

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

Question 19

What type of consent orders/judgments may a court officer enter and seal?

Answer 19

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

Question 20

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 __________

Answer 20

Terms agreed

By consent

Legal representative / party / litigant in person

Question 21

A consent order will take effect in ____ and _____ __________

Answer 21

Full and final settlement

Question 22

When an order requires an action to be done (other than payment of money) what must/may it specify? (2)

Answer 22

Must = Time in which the act should be done

May = Consequence fo failure to do the act within the time

Question 23

What is a Tomlin Order?

How does it work?

Answer 23

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

Question 24

Tomlin order will not be necessary if ….

Answer 24

All that is requires is an order than one party shall pay only to another

Question 25

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?

Answer 25

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

Question 26

Following an application for a Tomlin order to be approved, what orders may the court make?

Answer 26

• 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

Question 27

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?

Answer 27

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

Question 28

What are the advantages of a Tomlin order?

Answer 28

• 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

Question 29

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?

Answer 29

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

Question 30

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?

Answer 30

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