Judgment and Orders

Question 1

who creates judgments and orders?

Answer 1

The court, unless they order a party to, they dispose of the need or it is a consent order.

Question 2

How long do parties have to file an order once the court has drawn it up?

Answer 2

Usually 7 days unless otherwise stated - if they don’t the other party can be asked to

Question 3

Who draws up orders at KB /RCJ level?

Answer 3

Presumedly the parties, unless the court says otherwise or acts of own initiative

Question 4

When a party draws up an order what must they do?

Answer 4

Must file copy for court and service on all other parties. Once sealed court should serve.

Question 5

How many things can a consent order be used for?

Answer 5

6 situations

Question 6

What is a consent order?

Answer 6

An order created upon the agreement of parties (not LiPs)

Question 7

What things can consent orders be used for?

Answer 7

Payment of money or goods, dismissal or stay of proceedings or enforcement, setting aside, costs

Question 8

What MUST be included in a consent order?

Answer 8

The term “by consent” must be used, must be signed by legal reps and per agreed terms, must have a judge + judgment

Question 9

When do judgments and orders take effect?

Answer 9

Judgments and orders take effect on the day they’re made unless they say otherwise

Question 10

When does interest on a judgment take effect?

Answer 10

On the same day as when the judgment is given (unless otherwise ordered)

Question 11

CPR 40.8A?

Answer 11

Parties in receipt of order/judgment may apply for stay of execution or relief if things have happened since date of judgment

Question 12

When will relief under CPR 40.8A be granted?

Answer 12

Court will grant stay of execution or other where they thing it is just

Question 13

Can non-parties apply to get rid or change orders/judgments?

Answer 13

Yes, non-parties can apply to set aside or vary judgments/orders if they are directly affected

Question 14

How can orders and judgments be corrected?

Answer 14

Where its accidental slips or omissions the court can correct, or the party may apply for correction (without notice)

Question 15

How long do parties have to comply with judgments and orders?

Answer 15

within 14 days unless ordered otherwise or proceedings stayed (CPR 40.11)

Question 16

CPR 40.13?

Answer 16

Court can deal with claims and counterclaims simultaneously

Question 17

When should an application to correct an order or judgment be heard?

Answer 17

When the application is opposed, otherwise, court can deal with application without notice

Question 18

What are unless orders?

Answer 18

Orders requiring an act to be done

Question 19

What must be specified in unless orders?

Answer 19

Unless orders must specify time for completing the “or else” act, and may specify consequences.

Question 20

What is a tomlin order?

Answer 20

A consent order where parties agree on settlement schedule, then stay proceedings and act on the schedule confidentially

Question 21

Are the terms of a Tomlin order enforceable?

Answer 21

No, tomlin orders record agreements, but they’re only enforceable with further orders.

Question 22

How can tomlin orders be enforced?

Answer 22

By injunctions or specific performance

Question 23

Is a Tomlin order binding?

Answer 23

Yes, the schedule is. It’s a contract and so normal rules apply.

Question 24

What is the effect of a tomlin order?

Answer 24

For D to give C property subject to the agreement + purposes of the compromise

Question 25

How precise must a tomlin order be?

Answer 25

As precise as a contract must - if too vague, the court won't enforce

Question 26

What elements of a tomlin order cannot be in the confidential part?

Answer 26

Any court direction or imperative mustn't be confidential - so stay of proceedings and costs are above board

Question 27

What are 3 advantages of tomlin orders?

Answer 27

The schedule remains confidential, they're not limited to judicial jurisdiction, and can be flexible.

Question 28

What are 3 drawbacks of tomlin orders?

Answer 28

The enforcement powers are limited, and court can change the order (although not the schedule)

Question 29

What is considered a recorded settlement per Jacksons?

Answer 29

Comprehensive, clear and detailed; client understands and accepts; terms recorded; appropriately enforceable.

Question 30

What form do recorded outcomes take?

Answer 30

Governed by the og agreement to enter into ADR, but usually written contract.

Question 31

How are successful negotiations closed?

Answer 31

with a written contract, or oral agreement "subject to contract" if STC isn't said, it is presumed.

Question 32

What is specified in compromise agreements after ADR?

Answer 32

the phrase "full and final settlement" should be clear and explicit to prove actual agreement. - hard to rectify afterwards. MUST be clear WHAT was settled.

Question 33

When might matters be settled by a consent order agreeing to undertakings?

Answer 33

Non-monetary matters e.g. injunctive relief or specific performance

Question 34

When would you use "no order save as to costs" to record settlement?

Answer 34

Appropriate for non-money claims and concludes proceedings except quantifying costs

Question 35

When is it appropriate to use a tomlin order to record settlement?

Answer 35

Useful where agreed terms go outside the scope of litigation or parties want to maintain confidentiality

Question 36

What is a general way of informing the court of a recorded settlement?

Answer 36

By consent order staying proceedings on agreed terms, or by informing court of settlement on contract,

Question 37

What is an informal slip application?

Answer 37

A letter requesting a correction of a minor slip up in an order or judgment - doesn't require payment of usual application fee

Question 38

In arbitration how are settlements enforced?

Answer 38

By the tribunal making an award and registering that in the courts of the jurisdiction of enforcement as a civil judgment.

Question 39

How MUST construction industry adjudications be enforced?

Answer 39

The decision is not registerable here so must be enforced by bringing proceedings and entering judgment.

Question 40

How is settlement usually enforced in non-adjudicative ADR options?

Answer 40

Through a contract of promise that they promisors can be sued upon.

Question 41

How are ACAS employment conciliations settlements enforceable?

Answer 41

ACAS employment settlements are enforceable in county court as if they were orders.

Question 42

How is judgment for immediate payment of sum + costs enforced?

Answer 42

Enforcement proceedings (control of goods, charging order etc) can be taken 14 days after judgment

Question 43

How is judgment for sum and costs subject to a stay of execution pending instalment payments enforced?

Answer 43

If instalments fall into arrears, the stay of execution will be lifted and judgment creditor can then bring enforcement proceedings.

Question 44

How are consent orders setting out agreement in form of undertakings enforced?

Answer 44

If any terms aren't complied with, enforcement may be possible immediately OR on application depending on nature of the term.

Question 45

How is enforcement of breaching a tomlin order schedule achieved?

Answer 45

When schedule terms were breached (1) claim must be restored via permission to apply (2) order should be obtained to compel compliance with the breached term or be in contempt.

Question 46

How are the non-confidential elements of a tomlin order enforced?

Answer 46

Substantive terms in tomlin orders are enforceable without need for further court order

Question 47

How are consent orders staying all further proceedings upon agreed terms enforced?

Answer 47

Courts are unwilling to remove stays given this way, so usually must bring new proceedings for breaching the compromise contract

Question 48

How are consent orders only re: costs setting out agreed terms enforced?

Answer 48

sections in such a consent order may be enforced without a new claim.