BPTC Law Notes BPTC Civil Ligitation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible 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
judgment for immediate payment of sum + costs
installments: judgment subject to stay of execution (if fail to pay, stay lifted to enforce)
consent order: can enforce immediately or on application if breached
Tomlin order: proceedings stayed on agreed terms - to enforce, lift stay and obtain order for compliance
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
QBD, TCC, Commercial court - parties draw up
court may order party to draw up
party may agree to draw up (with court's permission)
court may direct parties to file agreed statement of terms before court draws up
entered administratively by consent - parties draw up and file agreement for entry - applies to judgments / orders for: N.B. LiPs CANNOT do this
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
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
FORM OF JUDGMENTS
judge’s name at top + judicial title (mandatory unless judgment on admission, default judgment or consent judgment)
names of parties (same heading as for claim)
date
any recitals
body of the order (often necessary to put court’s words in imperative form)
where party has asked for permission to appeal, order must state:
whether it is final;
identify the appeal court
and state whether permission to appeal is granted
payment by installments
total amount payable
amount of each installment
number of installments
dates installments to be paid
to whom installments may be paid
consent order
state 'by consent'
signed by legal reps
agreed costs in order OR no order as to costs
provisional damages
type of disease / deterioration
period in which C can apply
sensitive information protected by PII, judgment may be redacted on issue of certificate
RECONSIDERATION OF JUDGMENTS
Before drawn up
factual errors / accidental slips or omissions (corrected “at any time” -...
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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