Part 42 – Judgments and Orders

Scope of this Part         

42.1

1. This Part contains rules about judgments and orders made by the court.
2. 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

42.2

1. A party who is –
   1. notified of the terms of the judgment or order by telephone, FAX or otherwise; or
   2. 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

42.3

1. 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.

 Standard requirements

42.4

1. Every judgment or order must state the name and judicial title of the person who made it, unless it is a –
   1. consent order under rule 42.7;
   2. default judgment under Part 12; or
   3. judgment entered on an admission or following a court order under Rule 14.6, 14.7, 14.8, 14.10 or 14.11.
2. Every judgment or order must –
   1. be sealed by the court;
   2. bear the date on which it is given or made; and
   3. be signed by the registrar.

Drawing of judgments and orders

42.5

1. Every judgment or order must be drawn by the court, unless –
   1. a party with the permission of the court agrees to draft it;
   2. it is a consent order under rule 42.7;
   3. the court directs a party to draft it; or
   4. the court dispenses with the need to do so.
2. 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.
3. 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.
4. A party who drafts an order must file sufficient copies for service on all parties who are to be served.

Service of orders

42.6

1. Unless the court otherwise directs the court office must serve every judgment or order on –
   1. any person on whom the court orders it to be served; and
   2. every party to the claim in which the judgment or order is made.
      • Part 6 deals with service.
2. 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.

Consent judgments and orders      

42.7

1. Subject to paragraphs (2) to (5), a consent order or judgment must be –
   1. drawn in the terms agreed;
   2. expressed as being “By Consent”;
   3. signed by the legal practitioner acting for each party to whom the order relates; and
   4. filed at the court office for sealing.
2. This rule applies where –
   1. all relevant parties agree to the terms in which judgment should be given or an order made; and
   2. none of these Rules prevents the parties agreeing to vary the terms of any court order.
3. Except as provided by paragraphs (4) and (5), this rule applies to the following kinds of judgments or orders –
   1. a judgment for –
      1. costs;
      2. 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
      3. the payment of a debt or damages (including a judgment or order for damages or the value of goods to be assessed);
   2. an order for the –
      1. discharge from liability of any party;
      2. dismissal of any claim, wholly or in part;
      3. payment, assessment or waiver of costs, or such other provi­sion for costs as may be agreed;
      4. payment out of money which has been paid into court;
      5. setting aside of a default judgment under Part 13;
      6. 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
      7. 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
   3. any procedural order other than one falling within rule 26.7(3) or rule 27.8(1) and (2).
4. This rule does not apply –
   1. in Admiralty proceedings;
   2. where any party is a litigant in person;
   3. where any party is a minor or patient; or
   4. where the court’s approval is required by these Rules or any enactment before an agreed order can be made.
5. 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

42.8

1. 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

42.9

1. A party must comply with a judgment or order immediately, unless the –
   1. claimant, on requesting judgment in default under Part 12 or judgment on an admission under Part 14, specifies a different time for compliance;
   2. court varies the time for compliance including specifying payment by instalments; or
   3. judgment or order specifies some other date for compliance.

Correction of errors in judgments or orders

42.10

1. 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.
2. A party may apply for a correction without notice.

Cases where court gives judgment both on claim and counterclaim

42.11

1. This rule applies where the court gives judgment for specified amounts both for the claimant on the claim and the defendant on the counter­claim.
2. 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.
3. 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 –
   1. costs; or
   2. damages.

Service of copy order on person not a party

42.12

1. 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.
2. Service must be effected in accordance with Part 5 and the court may direct which party is to be responsible for service.
3. The copy order must be endorsed with a notice in Form 13.
4. The court may dispense with service of the copy order or judgment if it appears impracticable to serve that person.
5. Any person so served, or on whom service is dispensed with –
   1. is bound by the terms of the judgment or order; and
   2. may take part in any proceedings under the judgment or order.
6. 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