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Jan 30, 2017 · Where judgment is to be reserved the judge (or Presiding Judge) may, at the conclusion of the hearing, invite the views of the parties’ legal representatives as to the arrangements made for the...
A court can reserve judgment by giving its decision at a later date in writing, after the trial or hearing (as opposed to an ex tempore judgment which is given by the judge orally straight after the hearing or trial).
- I Judgments and Orders
- II Sale of Land etc. and Conveyancing Counsel
- III Declaratory Judgments
Scope of this section
40.1This Section sets out rules about judgments and orders which apply except where any other of these Rules or a practice direction makes a different provision in relation to the judgment or order in question.
Standard requirements
40.2 (1) Every judgment or order must state the name and judicial title of the person who made it, unless it is – (a) default judgment entered under rule 12.4(1) (entry of default judgment where judgment is entered by a court officer) or a default costs certificate obtained under rule 47.11; (b) judgment on admission entered under Part 14 where judgment is entered by a court officer; (c) a consent order under rule 40.6(2) (consent orders made by court officers); (d) an order made by a court o...
Drawing up and filing of judgments and orders
40.3 (1) Except as is provided at paragraph (4) below or by any Practice Direction, every judgment or order will be drawn up by the court unless – (a) the court orders a party to draw it up; (b) a party, with the permission of the court, agrees to draw it up; (c) the court dispenses with the need to draw it up; or (d) it is a consent order under rule 40.6. (2) The court may direct that – (a) a judgment or an order drawn up by a party must be checked by the court before it is sealed(GL); or (b...
Scope of this Section
40.15 (1) This Section – (a) deals with the court’s power to order the sale, mortgage, partition or exchange of land; and (b) contains provisions about conveyancing counsel. (Section 131 of the Supreme Court Act 19818(provides for the appointment of the conveyancing counsel of the Supreme Court) (2) In this Section ‘land’ includes any interest in, or right over, land.
Power to order sale etc.
40.16In any proceedings relating to land, the court may order the land, or part of it, to be – (a) sold; (b) mortgaged; (c) exchanged; or (d) partitioned.
Power to order delivery up of possession etc.
40.17Where the court has made an order under rule 40.16, it may order any party to deliver up to the purchaser or any other person – (a) possession of the land; (aa) where the Renting Homes (Wales) Act 2016 applies, possession of the dwelling; (b) receipt of rents or profits relating to it; or (c) both.
Declaratory Judgments
40.20The court may make binding declarations whether or not any other remedy is claimed.
Oct 1, 2023 · 1.1 Rule 40.2 sets out the standard requirements for judgments and orders and rule 40.3 deals with how judgments and orders should be drawn up. 1.2 A party who has been ordered or given permission...
Aug 13, 2014 · If a Judge gives an ex tempore (oral) judgment, as opposed to a reserved judgment, the Judge gets the opportunity to “approve” the transcript before it goes to the parties if it is requested for an appeal.
by Practical Law Dispute Resolution. A note setting out answers to some frequently asked questions about judgments and orders.
People also ask
When does a judgment take effect?
When does a judgment or order have to be sealed?
Can a court adjourn a hearing if a judgment is handed down?
What are the rules about Judgments & Orders?
When can a court officer enter and seal a judgment?
When should a draft of a judgment be checked before it is sealed?
Apr 17, 2020 · The change to the CPR finally determines the status of an attempt to enter judgment in default where the time for compliance has expired, but the defaulting party (the defendant) belatedly delivers an acknowledgment of service or defence, as the case may be.
