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#13709 - Judgments And Orders - BPC Civil Litigation

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Judgments and Orders

What is the difference between a judgment and an order?

A judgment is the decision that finally disposes of the claim.

An order is an interim decision.

In reality, there is no practical difference between the two and both are enforceable in the same way.
What is the general rule as to who draws up the judgments and orders? The general rule is that the court will draw it up.
What is the form of an ‘unless order’? (what must it contain) An ‘unless order’ requires something to be done, and must specify the time within which the act must be done, and the consequences for failing to comply with the order.
What is the form of a penal notice in interim injunction orders? A penal notice states clearly that if the person on whom the injunction has been ordered does not comply with the order he/she may be held in contempt of court and imprisoned or fined.
What are the exceptions to general rule?

  1. The court orders a party to draw it up;

  2. A party, with permission of the court, agrees to draw it up;

  3. The court dispenses with the need to draw it up;

  4. It is a consent order; or

  5. The Claim is proceeding in the QBD (other than the Administrative Court). In the QBD every judgment or order will be drawn up by the parties, except when court makes an order of its own initiative.
Requirements for a judgment

Every judgment must:

  • Be sealed by the court

  • State the name and Judicial title of the person who made it (subject to exceptions, eg Tomlin orders are made by court officers)

  • State the date on which it is given

  • State whether or not judgment/order is final

  • State whether an appeal lies from the judgment/order and which appeal court, and

  • State whether court gives permission to appeal (and if not, state the appropriate appeal court for the further application for permission to appeal)
How long does a party have to draw up an order? A party is allowed 7 days to file the relevant document; failing which any other party may draw it up and file it before it is sealed.
How long does a defendant have to pay a judgment in money?

They have 14 days from day of judgment, unless:

  • The judgment specified a different date (eg instalments)

  • The CPR specified a different date (for example with certain default judgments)

  • The Court stays proceedings

Enforcement of Judgments

When considering enforcing a judgment, what can be done if little is known about the judgment debtor’s finances? An application can be made to obtain information from the judgment debtor (‘JD’). This requires the JD to attend court and be questioned about their financial status.
Does the case need to be transferred for the enforcement?

Transfer from county court (‘CC’) to High Court (‘HC’)

This must be done if:

  1. execution against goods is sought for a judgment over 5,000; or

  2. enforcement by a charging order by sale is sought for an amount over 30,000.

Transfer from High Court to county court

This must be done if:

  1. execution against goods is sought for a judgment under 600; or

  2. enforcement by a charging order by sale is sought for an amount under 5,000.

  3. Attachment of earnings order
What are the various methods of enforcement for money judgments?

Execution against goods

In the High Court this is effected through a writ of control. In the county court it is done through a warrant of execution.

Once it has been issued, the agents must gain lawful entry into the JD’s property. Once there, they can seize sufficient goods to satisfy the judgment and the costs of enforcement.

‘Goods’ can include cars, money, promissory notes, furniture, etc. but cannot include: (EXEMPT GOODS)

  1. Tools or equipment NECESSARY to JD for use in his employment, business, education, up to 1,350.

  2. Items necessary to the basic domestic needs of JD and his family.

  3. Any goods which are also premises and occupied by debtor or other as only or principal home (eg house boat, or mobile home)

The goods are then removed and sold by auction if JD still fails to pay the judgment.

Charging orders

This is an order that secured a charge on property for the money due.

What property may be charged?

  1. Land;

  2. Securities in:

  1. Government stock;

  2. Stock of a body incorporated in England and Wales;

  3. Stock of a body not incorporated in England & Wales but registered in a register in England & Wales;

  1. Funds in court.

Procedure for obtaining a charging order:

  1. Issue an application notice applying for a interim charging order (requires information such as details of JD, the judgment, and details of property wishing to charge);

  2. A decision is made without a hearing, and a hearing date is set for an application for a final charging...
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