Judgments And Orders Notes

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:

  • (a) the court orders a party to draw it up; or

  • (b) a party, with permission of the court, agrees to draw it up;

  • (c) the court dispenses with the need to draw it up; OR

  • (d) it is a consent order (under r40.6, below)

• (2) The court may direct that:

  • (a) a judgment or order drawn up by a party must be checked by the court before it is sealed; OR

  • (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:

  • (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;

  • (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.

  • 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:

  • (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

  • (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:

  • (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):

  • (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:

  • (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..

  • (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 hearing

• Claims 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;

  • OR, where para (5) applies [application for agreed judgment/order] by the party if he is a litigant in person.

40.7, When Judgment or order takes effect

• (1) a judgment or order takes effect from the day when it is given or made [i.e. not the date it’s served]; OR such later date as the court may specify.

• (2) this rule applies to all judgments and orders EXCEPT those to which 40.10 [judgment against a State] applies

40.8, Time from which interest begins to run

• (1) Where interest is payable on a judgment under s17 Judgments Act 1838 or s47 County Courts Act 1984 the interest shall begin to run from the date that judgment is given:

  • UNLESS:

  • (a) a rule in another part or a PD makes different provision; OR

  • (b) the court orders otherwise.

• (2) The court may order that interest shall begin to run from a date before the date that judgment is given.

40.8A, Stay of execution and other relief

• Without prejudice to r83.7(1), a party against whom a judgment has been given, or an order made, may apply to the court for:

  • (a) a stay of execution of the judgment/order; OR

  • (b) other relief

  • On the ground of matters which have occurred since the date of the judgment/order;

  • And the court may by order grant such relief & on such terms as it thinks just.

40.9, Who may apply to...

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