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Judgments And Orders Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

This is an extract of our Judgments And Orders document, which we sell as part of our BPTC Civil Ligitation Notes collection written by the top tier of City Law School students.

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:

Judgements & Orders including Tomlin Orders
(CPR 40: judgments & Orders)

40.3, Drawing up and filing of judgments and orders
-(1) Except as provide at (4) below [claims in QBD at RJC] or by any PD, every judgment or order will be drawn up by the court UNLESS:
o (a) the court orders a party to draw it up; or

(b) a party, with permission of the court, agrees to draw it up;
o (c) the court dispenses with the need to draw it up; OR
o (d) it is a consent order (under r40.6, below)
-(2) The court may direct that:
o (a) a judgment or order drawn up by a party must be checked by the court before it is sealed; OR
o (b) before a judgment or order is drawn up by the court, the parties must file an agreed statement of its terms.
-(3) Where a judgment or an order is to be drawn up by a party:
o (a) he must file it no later 7 DAYS AFTER the date on which the court ordered or permitted him to draw it up so that it can be sealed by court;
o (b) if he fails to file it within that period ? any other party may draw it up and file it.
-(4) Except for orders made by the court of its own initiative ; every judgment or order made in claims proceeding in the QBD at the RCJ, other than in the
Administrative Court, will be drawn up by the parties; and rule 40.3 is modified accordingly.
o UNLESS the court orders otherwise.

40.4, Service of judgments and orders
-(1) Where a judgment/order has been drawn up by a party, and is to be served by the court:
o (a) the party who drew it up must file a copy to be retained at court and sufficient copies for service on him and on the other parties; AND
o (b) once it has been sealed, the court must serve a copy of it on each party to the proceedings.
-(2) Unless the court directs otherwise, any order made otherwise than at trial must be served on:
o (a) the applicant and the respondent; and

(b) any other person on whom the court orders it to be served.
-[[R6.21: sets out who is to serve a doc other than the claim form]]

40.6, CONSENT judgments and orders(1) This rule applies where all the parties agree the terms in which a judgment should be given or an order should be made.

(2) - (3) ? [[Administration consent orders]] where court can enter & seal an agreement judgment/order without application ??

(2) a court officer may enter and seal an agreed judgment/order IF (i.e. NO
application is required IF):
o (a) the judgment/order is listed in para (3); and

(b) none of the parties is a litigant-in-person; and

(c) the approval of the court is not required (by these rules/a PD/any enactment) before an agreed order can be made.
(3) The judgments/orders referred to in (2) are:
o (a) a judgment/order FOR:
-(i) the payment of an amount of money (including a judgment/order for damages or the value of goods to be decided by the court); OR
-(ii) the delivery up of goods with or without the option of paying the value of the goods or the agreed value..
o (b) an order for:
-(i) the dismissal of any proceedings (wholly or in part);
-(ii) the stay of proceedings on agreed terms, disposing of the proceedings, whether those terms are recorded in a schedule to the order or elsewhere;
-(iii) the stay of enforcement of a judgment, either unconditionally or on condition that the money due under the judgment is paid by instalments specified in the order;
-(iv) the setting aside under Pt 13 of a default judgment which has not been satisfied;
-(v) the payment out of money which has been paid into court;
-(vi) the discharge from liability of any party;
-(vii) the payment, assessment or waiver of COSTS, or such other provision for costs as may be agreed.
(4) r40.3 [drawing up & filing of judgments/orders] applies to judgments & orders entered & sealed under para (2), as it applies to other judgments and orders.

(5) ? Otherwise must make an application for a judgment/order in the agreed terms, to be approved by the court
-(5) Where para (2) does NOT apply [[i.e. if (a) judgment is not listed in para (3) and/
or (b) one party is a litigant in person and/or (c) court's permission is required for an agreed order]] ? any party may APPLY for a judgment/order in the terms agreed.
-(6) the court may deal with an application under (5) without a hearingClaims by/on behalf of/against a child or protected party -> no settlement,
compromise, payment, or acceptance of money paid into court is valid without approval of the court.

(7) where this rule applies ? form/content of the Consent order::
-(a) the order which is agreed by the parties must be drawn up in the terms agreed;
-(b) it must be expressed to be as being "By Consent";
-(c) it must be signed by the legal rep acting for each of the parties to whom the order relates;

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