Judgments and orders — overviewMaking 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.

After an order or judgment 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.

Amending orders

In certain circumstances, a party may wish to have an order varied, revoked or corrected. A party, and in some circumstances a non-party, can apply to have an order varied or revoked before sealing and varied, revoked or corrected after sealing.

Amending judgments - before handing down

Often, at the end of a hearing, a judge will reserve judgment and subsequently circulate a draft to the parties. A party, and in some circumstances a non-party, can apply for a judgment to be corrected or reviewed before it is handed down.

Amending judgments - after handing down

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.

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.

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.

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

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.

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.