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Judgments And Orders Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Judgments And Orders notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

JUDGMENTS AND ORDERS

? Judgment = final decision which disposes of a claim (subject to appeal)
? Order = interim decision SETTLEMENT - always inform court if settle + file order with listings officer

(a) judgment for immediate payment of sum + costs (b) installments: judgment subject to stay of execution (if fail to pay, stay lifted to enforce) (c) consent order: can enforce immediately or on application if breached (d) Tomlin order: proceedings stayed on agreed terms - to enforce, lift stay and obtain order for compliance

(e) inform court case settled on terms endorsed on counsel's briefs WHEN DOES JUDGMENT TAKE EFFECT?

? judgment takes effect when pronounced WHO DRAWS UP?

? general rule: judgments and orders have to be drawn up and sealed by the court, unless court dispenses with the need to do so

? exceptions (a) QBD, TCC, Commercial court - parties draw up (b) court may order party to draw up (c) party may agree to draw up (with court's permission) (d) court may direct parties to file agreed statement of terms before court draws up

(e) entered administratively by consent - parties draw up and file agreement for entry - applies to judgments / orders for: N.B. LiPs CANNOT do this

i. ii. iii. iv. v.

payment of money delivery up of goods payment, waiver or assessment of costs dismiss whole / part of proceedings stay on agreed terms, including Tomlin orders

(f) entered by consent but requiring court's approval - any party can apply, no hearing - applies to all other consent orders / judgments - must if LiP consent order If a party is drawing up the judgment...

? have 7 days to file judgment and copies for parties
? effect of failure to draw up - another party may draw up and file for sealing WHO SERVES?

? once drawn up, court serves sealed copies on A and R

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