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:
o (a) the court orders a party to draw it up; or
o (b) a party, with permission of the court, agrees to draw it up;
o (c) the court dispenses with the need to draw it up; OR
o (d) it is a consent order (under r40.6, below)
(2) The court may direct that:
o (a) a judgment or order drawn up by a party must be checked by the court
before it is sealed; OR
o (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:
o (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;
o (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.
o 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:
o (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
o (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:
o (a) the applicant and the respondent; and
o (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):
o (a) the judgment/order is listed in para (3); and
o (b) none of the parties is a litigant-in-person; and
o (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:
o (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..
o (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;
(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:
o (a) the court orders a party to draw it up; or
o (b) a party, with permission of the court, agrees to draw it up;
o (c) the court dispenses with the need to draw it up; OR
o (d) it is a consent order (under r40.6, below)
(2) The court may direct that:
o (a) a judgment or order drawn up by a party must be checked by the court
before it is sealed; OR
o (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:
o (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;
o (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.
o 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:
o (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
o (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:
o (a) the applicant and the respondent; and
o (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):
o (a) the judgment/order is listed in para (3); and
o (b) none of the parties is a litigant-in-person; and
o (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:
o (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..
o (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;
