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Judgments And Orders Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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Judgments and Orders What is the difference between a judgment and an order?
What is the general rule as to who draws up the judgments and orders?
What is the form of an 'unless order'?
(what must it contain) What is the form of a penal notice in interim injunction orders?
What are the exceptions to this general rule?

How long does a party have to draw up an order?
How long does a defendant have to pay a judgment in money?

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. The general rule is that the court will draw it up. 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. 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. (i) In Queen's Bench Division, Technology and Construction Court and Commercial Court, orders are drawn up by the parties; (ii) The court may order a party to draw up an order; (iii) A party may, with permission of the court, agree to draw up an order; (iv) The court may direct that a party draw up an order to be checked by the court before it is sealed; (v) The court may direct the parties to file an agreed statement of terms of the order before the court draws up the order; or (vi) An order may be entered administratively by consent, in which case the parties submit a drawn-up version of the 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. 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: (a) execution against goods is sought for a judgment over PS5,000; or (b) enforcement by a charging order by sale is sought for an amount over
PS30,000. Transfer from High Court to county court This must be done if: (a) execution against goods is sought for a judgment under PS600; or (b) enforcement by a charging order by sale is sought for an amount under

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