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May 19, 2014 · The practical effect is that a requirement to comply within seven days will inevitably include two weekend days. Where it also includes a bank holiday, seven days gives less time than five! A...
How to calculate a period of time or time limit for doing any act that is specified by the Civil Procedure Rules, a Practice Direction or a judgment or order of the court, including the meaning of clear days and business days.
Jul 5, 2016 · At first glance, you would have thought the answer was simple: No. The reason for this is that the Limitation Act 1980 says “an action shall not be brought upon any judgment after the expiration of six years…”. However, in actual fact, the complete opposite is true, and the answer is yes.
- Drawing Up and Filing of Judgments and Orders
- Preparation of Deeds Or Documents Under An Order
- Consent Orders
- Correction of Errors in Judgments and Orders
- Adjustment of Final Judgment Figure in Respect of Compensation Recovery Payments
- Adjustment of Final Judgment Figure in Respect of An Interim Payment
- Statement as to Service of A Claim Form
- Orders Requiring An Act to Be Done
- Non-Compliance with An Injunction Or Undertaking
- Foreign Currency
1.1Rule 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 to draw up an order must file it for sealing within 7 days of being ordered or permitted to do so1. If he fails to do so, any other party may draw it up a...
2.1Where a judgment or order directs any deed or document to be prepared, executed or signed, the order will state: (1) the person who is to prepare the deed or document, and (2) if the deed or document is to be approved, the person who is to approve it. 2.2If the parties are unable to agree the form of the deed or document, any party may apply in ...
3.1Rule 40.6(3) sets out the types of consent judgments and orders which may be entered and sealed by a court officer. The court officer may do so in those cases provided that: (1) none of the parties is a litigant in person, and (2) the approval of the court is not required by the Rules, a practice direction or any enactment4. 3.2 If a consent ord...
4.1 Where a judgment or order contains an accidental slip or omission a party may apply for it to be corrected8. 4.2The application notice (which may be an informal document such as a letter) should describe the error and set out the correction required. An application may be dealt with without a hearing: (1) where the applicant so requests, (2) wi...
5.1In a final judgment where some or all of the damages awarded – (1) fall under the heads of damage set out in column 1 of Schedule 2 to the Social Security (Recovery of Benefits) Act 1997 (‘the 1997 Act’) in respect of recoverable benefits received by the claimant set out in column 2 of that Schedule; and (2) where the defendant has paid to the S...
6.1 In a final judgment9 where an interim payment has previously been made which is less than the total amount awarded by the judge, the judgment or order should set out in a preamble: (1) the total amount awarded by the judge, and (2) the amount and date of the interim payment(s). 6.2The total amount awarded by the judge should then be reduced by ...
7.1Where a party to proceedings which have gone to trial requires a statement to be included in the judgment as to where, and by what means the claim form issued in those proceedings was served, application should made to the trial judge when judgment is given. 7.2If the judge so orders, the statement will be included in a preamble to the judgment ...
8.1An order which requires an act to be done (other than a judgment or order for the payment of an amount of money) must specify the time within which the act should be done. 8.2The consequences of failure to do an act within the time specified may be set out in the order. In this case the wording of the following examples suitably adapted must be ...
9Part 81 deals with applications and proceedings in relation to contempt of court. Rule 81.4(2)(e) requires that a contempt application must include a statement that an order allegedly breached or disobeyed included a penal notice.
10Where judgment is ordered to be entered in a foreign currency, the order should be in the following form: It is ordered that the defendant pay the claimant (state the sum in the foreign currency) or the Sterling equivalent at the time of payment.
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...
Apr 17, 2020 · If judgment in default is entered, it is for the defaulting party to persuade the court to set aside the decision. Time is of the essence, however, as the court will take into account the length of time it has taken the defaulting party to make the application to court.
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Oct 7, 2020 · This case is a useful reminder that applications to set aside judgment given in the absence of a party are no longer subject to a broad discretion, but subject to a clear procedural rules and the tripartite test set out in CPR Part 39.3(5).
