Previous | Next | Home

43.1 (1) This Part sets out rules about judgments and orders.

1. They do not apply to the extent that any other rule makes a different provision in relation to the judgment or order in question.

(Rule 6.1 deals with who is to serve a judgment or order, Part 11 contains rules about orders made in the course of proceedings)

Parties present when order made or notified of terms to be bound

43.2 A party is bound by the terms of the order or judgment

whether or not the judgment or order is served where -

(a) he is present whether in person or by attorney

when the judgment given or order was made; or

(b) he is notified of the terms of the judgment or order by

facsimile transmission, or otherwise.

Practice forms to be used where available

43.3 Where 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

43.4 (1) Every judgment or order must state the name and

judicial title of the person who made it, unless it is -

1. a default judgment under Part 12
2. a judgment entered on an admission or following a court order under Part 14
3. A consent order under rule 43.7

1. Every judgment or order must be sealed by the court

Drawing of judgments and orders

43.5 (1) Every judgment or order must be drawn by the court,

unless -

(a) the court directs a party to draw it up; or

(b) a party with the consent of the court agrees to

draw it up; or

(c) the court dispenses with the need to do so; or

(d) at the hearing a party gives the court a draft

order which it approves; or

(e) it is a consent order under rule 43.7

(2) The court may direct the parties to file an agreed

statement of its terms before drawing the order.

(3) Where a draft of an order or an agreed statement of

terms 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 may seal the order.

(4) If a party fails to file a draft of an order within 7 days

after the direction was given the court may order

some other party to draw and file the order.

(5) A party who drafts an order must file sufficient

copies for service on all parties who are to be served.

(Rule 6.1 deals with who should serve the judgment or order)

Service on a party personally

43.6 Where a party on whom any order is to be served is acting by an attorney, the court may order the judgment or order to be served on the lay party as if he were acting in person.

Consent orders and judgments

43.7 (1) This rule applies where all parties agree the terms in which judgment should be given or an order made.

1. Except as provided by paragraphs (3) and (4), it applies to the following kinds of judgment or order -

1. a judgment or order for -

(i) the payment of a debt or damages

(including a judgment or order for

damages or the value of goods to be

assessed); or

1. The delivery up of goods with or without the option of paying the value of the goods to be assessed or the agreed value.

1. an order for -

(i) the dismissal of any proceedings,

wholly or in part; or

(ii) the stay of proceedings on terms which are attached as a schedule to the order but which are not otherwise part of it (i.e. a 'Tomlin Order'); or

(iii) the 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; or

1. the setting aside of a default

judgment under Part 13; or

2. the payment out of money which has been paid into court; or
3. the discharge from liability of any party; or
4. the payment, assessment or waiver of costs, or such other provision for costs as may be agreed.

(c) any order for the extension of time for serving or filing any statement of case or other

document, other than -

(i) an order for the extension of time for

serving a statement of claim under

Part 8; or

(ii) an order for the extension of time for

filing a defence under Part 10 for

longer than three months; or

(iii) an order for the extension of time for

filing a listing questionnaire under

part 27; or

(iv) an order to vary the date fixed for the

return of a listing questionnaire under

Part 27; or

(v) any other order where the court has

made an order in terms which prevent

an extension of time by consent in

relation to the step in question.

1. any order to restore proceedings or allowing a party to apply to vary the order

1. Paragraph (2)(c) is subject to rule 27.9 (which provides that the party may agree to vary dates set by the court or these Rules for doing any act, except the acts specified under rule 27.9(1), provided the variation does not make it necessary to vary the dates fixed for doing those acts).
2. This rule does not apply -

(a) where any party is a litigant in person; or

(b) where any is a minor or patient; or

(c) in Admiralty proceedings.

3. This rule does not allow the making of a consent order by which any hearing date fixed by the court is to be adjourned.
4. Where this rule applies the order must be -

1. drawn in the terms agreed; and
2. expressed as being 'By Consent'; and
3. signed by the attorney acting for each of the parties to whom the order relates; and
4. filed at the court office for sealing and rule 43.5 (drawing and filing of judgments and orders) will apply as it applies to all other orders.

Time when judgment or order takes effect

43.8 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 a judgment or order

43.9 A party must comply with a judgment or order

immediately, unless -

(a) the judgment of order specifies some other date for compliance; or

(b) the court varies the time for compliance; or

(c) when the claimant enters judgment in default under

Part 12 or judgment on an admission under Part 14,

he specifies a different time for compliance.

Correction of errors in judgments or orders

43.10 (1) The court may at any time correct (without an appeal)

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

43.11 (1) This rule applies where the court gives judgment for a

specified amount both for the claimant on his claim

and the defendant on the counterclaim.

(2) If there is a balance in favour of one of the parties, it

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)) -

1. a separate order as to damages; and
2. a separate order as to costs.

Service of copy order on a person not a Party

43.12 (1) Where in any proceedings an order is made which

may affect the rights of persons who are not parties to

the action, the court may at any time direct that a

copy of any judgment or order be served on any such

person.

(2) The copy order must be endorsed with a notice in

Form 24.

(3) The court may dispense with service of the copy order or judgment if it appears impracticable to serve

that person.

(4) Any person so served , or on whom service is dispenses with, -

(a) is bound by the terms of the judgment or

order; but

(b) may apply within 28 days of being served to

discharge vary or add to the judgment or order; and

(c) may take part in any proceedings under the

judgment or order.