CIVIL-01-2324-SA22A-Transcript1

Civil Litigation and Dispute Resolution

Judgments and orders SA22A
Judgments and orders
The first things to consider in relation to judgments and orders are the basic rules on
formalities and drawing up the document that will be the record of the judgment or order, and
the rules on the date for compliance. These are in Part 40 which I suggest you consult as
you work through the materials.
As a general rule, it is the court that draws up a judgment or order. This applies in particular
in the County Court. When you look carefully at r.40.3, however, it becomes clear that there
are no less than six exceptions to this general rule. So, for example, it is usually the parties
who draw up orders in the King’s 's Bench Division. In any court the judge may make an
order requiring a party to draw up the order. Consent Orders, which will be considered
separately, are always drawn up by the parties.
Where an order is to be drawn up by the parties, the court will usually nominate the winner to
take on this task. By r.40.3(3) they are given seven days to do this. There is no real sanction
for failing to do so. What the rule goes on to say is that if the nominated party fails to draw up
the order within the seven day period, any other party may draw it up.
There are certain formalities to be included in orders and judgments. They must give the
name and judicial title of the judge; the date of the order; be sealed with the Court's official
seal and set out details of where any appeal should be made.
Perhaps the most important rule in this syllabus area is that a judgment or order takes effect
from the day when it was given or made (r.40.7). So, if the judge gives an oral judgment at
the end of a hearing, the judge's decision is immediately binding on the parties. Its effect is
not delayed pending drawing up of the order. If the judge orally pronounces who has won
and the remedy they are entitled to, and says written reasons will follow in due course, again
the judgment takes effect immediately, and is not delayed while the written judgment is being
put together.
An apparent exception to this is the date for compliance with a money judgment or order,
including an order for payment of an assessed sum in costs. These are payable within 14
days of the order – this is to give the defendant a practical amount of time to make the
payment.

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