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BPTC Law Notes BPTC Civil Ligitation Notes

Judgments And Orders Notes

Updated Judgments And Orders Notes

BPTC Civil Ligitation Notes

BPTC Civil Ligitation

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Judgments and Orders

What is the difference between a judgment and an order?

A judgment is the decision that finally disposes of the claim.

An order is an interim decision.

In reality, there is no practical difference between the two and both are enforceable in the same way.

What is the general rule as to who draws up the judgments and orders? The general rule is that the court will draw it up.
What is the form of an ‘unless order’? (what must it contain) An ‘unless order’ requires something to be done, and must specify the time within which the act must be done, and the consequences for failing to comply with the order.
What is the form of a penal notice in interim injunction orders? A penal notice states clearly that if the person on whom the injunction has been ordered does not comply with the order he/she may be held in contempt of court and imprisoned or fined.
What are the exceptions to this general rule?
  1. In Queen’s Bench Division, Technology and Construction Court and Commercial Court, orders are drawn up by the parties;

  2. The court may order a party to draw up an order;

  3. A party may, with permission of the court, agree to draw up an order;

  4. The court may direct that a party draw up an order to be checked by the court before it is sealed;

  5. The court may direct the parties to file an agreed statement of terms of the order before the court draws up the order; or

  6. An order may be entered administratively by consent, in which case the parties submit a drawn-up version of the order.

How long does a party have to draw up an order? A party is allowed 7 days to file the relevant document; failing which any other party may draw it up and file it before it is sealed.
How long does a defendant have to pay a judgment in money? They have 14 days from day of judgment, unless the court specifies some other date for compliance. For example, the court may order payment by instalments.

Enforcement of Judgments

When considering enforcing a judgment, what can be done if little is known about the judgment debtor’s finances? An application can be made to obtain information from the judgment debtor (‘JD’). This requires the JD to attend court and be questioned about their financial status.
Does the case need to be transferred for the enforcement?

Transfer from county court (‘CC’) to High Court (‘HC’)

This must be done if:

  1. execution against goods is sought for a judgment over 5,000; or

  2. enforcement by a charging order by sale is sought for an amount over 30,000.

Transfer from High Court to county court

This must be done if:

  1. execution against goods is sought for a judgment under 600; or

  2. enforcement by a charging order by sale is sought for an amount under 5,000.

What are the various methods of enforcement for money judgments?

What are the methods of enforcement for judgment for the delivery of goods?

What is the method of enforcement for judgment for possession of land?

Execution against goods

In the High Court this is effected through a writ of fi. fa. In the county court it is done through a warrant of execution.

Once it has been issued, the enforcement officers (High Court) or bailiffs (county court) must gain lawful entry into the JD’s...

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