Part 42 – Judgments and Orders
- tocCivil Procedure Rules
|Contents of this Part|
|Scope of this Part||Rule 42.1|
|Parties present when order made or notified of terms to be bound||Rule 42.2|
|Practice forms to be used where available||Rule 42.3|
|Standard requirements||Rule 42.4|
|Drawing of judgments and orders||Rule 42.5|
|Service of orders||Rule 42.6|
|Consent judgments and orders||Rule 42.7|
|Time when judgment or order takes effect||Rule 42.8|
|Time for complying with judgment or order||Rule 42.9|
|Correction of errors in judgments or orders||Rule 42.10|
|Cases where court gives judgment both on claim and counterclaim||Rule 42.11|
|Service of copy order on person not a party||Rule 42.12|
Scope of this Part
- This Part contains rules about judgments and orders made by the court.
- This Part does not apply to the extent that any other rule makes a different provision in relation to the judgment or order in question.
Parties present when order made or notified of terms to be bound
- A party who is –
- notified of the terms of the judgment or order by telephone, FAX or otherwise; or
- present whether in person or by legal practitioner when the judgment was given or order was made; is bound by the terms of a judgment or order whether or not the judgment or order is served.
Practice forms to be used where available
- If there is a practice form for a judgment or order of any description, a judgment or order of that description must be in that form.
- Every judgment or order must state the name and judicial title of the person who made it, unless it is a –
- consent order under rule 42.7;
- default judgment under Part 12; or
- judgment entered on an admission or following a court order under Rule 14.6, 14.7, 14.8, 14.10 or 14.11.
- Every judgment or order must –
- be sealed by the court;
- bear the date on which it is given or made; and
- be signed by the registrar.
Drawing of judgments and orders
- Every judgment or order must be drawn by the court, unless –
- a party with the permission of the court agrees to draft it;
- it is a consent order under rule 42.7;
- the court directs a party to draft it; or
- the court dispenses with the need to do so.
- If a draft of an order is directed it must be filed no later than 7 days from the date on which the direction was given so that the court office can seal the order.
- If a party fails to file a draft of an order within 7 days after the direction was given any other party may draw and file the order.
- A party who drafts an order must file sufficient copies for service on all parties who are to be served.
- Unless the court otherwise directs the court office must serve every judgment or order on –
- any person on whom the court orders it to be served; and
- every party to the claim in which the judgment or order is made.
- Part 6 deals with service.
- If a party is acting by a legal practitioner, the court may direct that any judgment or order be served on the party in person as well as on the legal representative.
- Subject to paragraphs (2) to (5), a consent order or judgment must be –
- drawn in the terms agreed;
- expressed as being “By Consent”;
- signed by the legal practitioner acting for each party to whom the order relates; and
- filed at the court office for sealing.
- This rule applies where –
- all relevant parties agree to the terms in which judgment should be given or an order made; and
- none of these Rules prevents the parties agreeing to vary the terms of any court order.
- Except as provided by paragraphs (4) and (5), this rule applies to the following kinds of judgments or orders –
- a judgment for –
- the delivery up of goods with or without the option of paying the value of the goods to be assessed or the agreed value; and
- the payment of a debt or damages (including a judgment or order for damages or the value of goods to be assessed);
- an order for the –
- discharge from liability of any party;
- dismissal of any claim, wholly or in part;
- payment, assessment or waiver of costs, or such other provision for costs as may be agreed;
- payment out of money which has been paid into court;
- setting aside of a default judgment under Part 13;
- stay of enforcement of a judgment, either unconditionally or on condition that the money due under the judgment is payable on a stated date or by instalments specified in the order; and
- stay of proceedings on terms which are attached as a schedule to the order but which are not otherwise part of it (a “Tomlin Order”); and
- any procedural order other than one falling within rule 26.7(3) or rule 27.8(1) and (2).
- a judgment for –
- This rule does not apply –
- in Admiralty proceedings;
- where any party is a litigant in person;
- where any party is a minor or patient; or
- where the court’s approval is required by these Rules or any enactment before an agreed order can be made.
- This rule does not allow the making of a consent order by which any hearing date fixed by the court is to be adjourned.
Time when judgment or order takes effect
- A judgment or order takes effect from the day it is given or made, unless the court specifies that it is to take effect on a different date.
Time for complying with judgment or order
- A party must comply with a judgment or order immediately, unless the –
- claimant, on requesting judgment in default under Part 12 or judgment on an admission under Part 14, specifies a different time for compliance;
- court varies the time for compliance including specifying payment by instalments; or
- judgment or order specifies some other date for compliance.
Correction of errors in judgments or orders
- The court may at any time (without an appeal) correct a clerical mistake in a judgment or order, or an error arising in a judgment or order from any accidental slip or omission.
- A party may apply for a correction without notice.
Cases where court gives judgment both on claim and counterclaim
- This rule applies where the court gives judgment for specified amounts both for the claimant on the claim and the defendant on the counterclaim.
- If there is a balance in favour of one of the parties, the court may order the party whose judgment is for the lesser amount to pay the balance.
- In a case to which this rule applies, the court may make against the claimant and the defendant (whether or not it makes an order under paragraph (2)) a separate order as to –
- costs; or
Service of copy order on person not a party
- If in any claim an order is made which might affect the rights of persons who are not parties to the claim, the court may at any time direct that a copy of any judgment or order be served on any such person.
- Service must be effected in accordance with Part 5 and the court may direct which party is to be responsible for service.
- The copy order must be endorsed with a notice in Form 13.
- The court may dispense with service of the copy order or judgment if it appears impracticable to serve that person.
- Any person so served, or on whom service is dispensed with –
- is bound by the terms of the judgment or order; and
- may take part in any proceedings under the judgment or order.
- Notwithstanding paragraph (5), any person to whom that paragraph applies may apply within 28 days to discharge, vary or add to the judgment or order