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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 general rule?

  1. The court orders a party to draw it up;

  2. A party, with permission of the court, agrees to draw it up;

  3. The court dispenses with the need to draw it up;

  4. It is a consent order; or

  5. The Claim is proceeding in the QBD (other than the Administrative Court). In the QBD every judgment or order will be drawn up by the parties, except when court makes an order of its own initiative.
Requirements for a judgment

Every judgment must:

  • Be sealed by the court

  • State the name and Judicial title of the person who made it (subject to exceptions, eg Tomlin orders are made by court officers)

  • State the date on which it is given

  • State whether or not judgment/order is final

  • State whether an appeal lies from the judgment/order and which appeal court, and

  • State whether court gives permission to appeal (and if not, state the appropriate appeal court for the further application for permission to appeal)
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 judgment specified a different date (eg instalments)

  • The CPR specified a different date (for example with certain default judgments)

  • The Court stays proceedings

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.

  3. ...

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