Judgments and orders - overviewAutomatic orders pilot scheme

This pilot scheme is operating in all the High court and county courts and will run until 30 September 2012. The scheme provides that in the event of a party failing to file an allocation question or a pre-trial checklist the party's claim will automatically be struck out by the court. It also provides for the court to make orders in relation to a stay of proceedings where all parties agree to a stay for the purposes of exploring settlement.

For more detail see Automatic orders pilot scheme.

Making judgments and orders

Judgments and orders must show the date on which they were made and must be sealed by the court. Other requirements are dependent upon the type of judgment or order and the court in which it is made.

Courts may draw up orders or request that the parties do so. There are a number of court forms of orders and judgments. All consent orders are prepared by the parties.

Judgments can be given at the hearing or may be reserved to a later date. A reserved judgment is circulated to the parties on a confidential basis two days before it is handed down. This provides time, for example, to try and agree any consequential orders with the other parties.

For more detail see Making judgments and orders.

After a judgment or order has been made

Orders must be served on the applicant, respondent and any other party that the court directs. Judgments or orders which require payment of monies, but give no deadline for payment, require payment within 14 days. Interest on payments runs from the date of the judgment or order unless the court or the CPR states otherwise; there are exceptions to this rule.

Non compliance with an order will result in the party's claim being struck out automatically. A party in default may apply for relief under the CPR.

A party or non party may appeal against a judgment or order on a number of limited bases provided for in the CPR. If successful, the court may amend or revoke the order or judgment.

For more detail see After a judgment or order has been made.

Varying or revoking orders

Although rare there may be a reason for a court order to be varied, revoked or corrected. A party, and in some circumstances a non-party, can apply to have an order varied or revoked either before the order is sealed or afterwards. The CPR provisions which apply depend on when the application is made. The court has general powers under CPR 3.1(7) and specific powers under CPR 40.9 (non parties) and CPR 40.12 (parties).

For more detail see Varying or revoking orders.

Reserved judgments

Judgments are handed down at the end of, or shortly after the end of, trial. They contain the judge’s reasoning and his/her decision. In some cases, they will also contain the judge’s decision on costs or directions as to how costs should be dealt with. The reserved judgments enable the parties to check the judgment for obvious typographical, spelling or minor factual errors. Obtaining the judgment early on also provides a party with an opportunity to consider whether they wish to apply for permission to appeal which they can then prepare for. Reserved judgments must be kept confidential; a breach is a contempt of court

For more detail see Reserved judgments

Amending judgments

In certain circumstances, a party may wish to apply for a judgment to be corrected, varied or revoked, even after it has been handed down. A party, and in some circumstances a non-party, can apply to have a judgment corrected, set aside or varied. However, these rules should not be used in place of the appeal process.

For more detail see Amending judgments.

Unless orders

Unless orders provide the judiciary with an extremely strong weapon to force a party to comply with orders of the court. An unless order will set out what a party is required to do and stipulate a date for compliance. A failure to do so will result in the party's claim being automatically struck out.

For more detail see Unless orders.

Consent orders and judgments

There is a list of orders and judgments which can be made without court approval, for example a judgment or order for the payment of money or delivery up of goods. There are certain requirements regarding the form of such an order, for example, it must be marked 'By Consent'. A consent order can in exceptional circumstances be set aside.

For more detail see Consent orders and judgments.

Tomlin Orders

Tomlin orders are a form of consent order. The order stays the proceedings and the schedule attached to the order sets out the terms of the settlement between the parties. The courts have no general power to vary the terms of the schedule unless specifically provided for in the order which is extremely rare.

For more detail see Tomlin Orders.

Civil Restraint Orders

The court can order a Civil Restraint Order (CRO) against a party that has issued claims or made applications that are totally without merit.

General CROs may be made where a party persists in issuing claims or making applications that are totally without merit, restraining any further claims or applications for a specified time period, not more than 2 years, although the court may extend the time if it is deemed appropriate

For more detail see Civil restraint orders.

Limited Civil Restraint Orders

The court can order a Civil Restraint Order (CRO) against a party that has issued claims or made applications that are totally without merit.

Limited CROs may be made where two or more applications have been made totally without merit. These orders are limited to the particular proceedings in which the order has been made.

For more detail see Limited civil restraint orders (LCRO).

Extended Civil Restraint Orders

The court can order a Civil Restraint Order (CRO) against a party that has issued claims or made applications that are totally without merit.

Extended CROs may be ordered where a party has persistently issued claims or made applications that are totally without merit and can apply to several courts as determined by the court in which the order was made.

For more detail see Extended civil restraint orders (ECRO).