Judgments and orders

Drafting, drawing up and formal requirements

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 direct 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 further information about the purpose of reserving a judgment and concerns that may arise as a result, see Practice Notes: Reserved judgments—purpose and restrictions and Draft judgments—concerns over confidentiality and redactions.

For more details about drafting orders, see Practice Note: Judgments and orders—drafting and formalities.

For a Precedent final order, see: Order.

For specific guidance on orders made

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Dispute Resolution News

Third party costs—Court of Appeal confirms stay pending detailed assessment is case management decision (Federal Republic of Nigeria v VR Global Partners LP)

Dispute Resolution analysis: The Court of Appeal has upheld the decision of a judge at first instance to stay an application for a third-party costs order under section 51 of the Senior Courts Act 1981 until after the conclusion of the detailed assessment of the underlying bill of costs. Dismissing Nigeria’s appeal, the Court of Appeal held that there is no presumption that a third-party costs application should be determined before a detailed assessment. The question is purely one of case management, to be decided in accordance with the interests of justice and the overriding objective. The decision, being within the scope of discretion allowed a judge, was not amenable to appeal; that a different judge would have reached a different conclusion was not in point. Where there is a real question whether any further sum will be payable following assessment (particularly where a substantial payment on account has already been made and costs are to be assessed on the standard basis), it is legitimate to stay the third party application to avoid wasting court resources on what may prove to be a pointless satellite exercise. Of general and at least equal significance to costs practitioners were the Court of Appeal’s strong comments (obiter dicta in strict terms) deprecating disproportionate detailed assessment processes and endorsing the use of sampling as a case management tool in cases involving very significant bills of legal costs. Written by Lauren Godfrey, barrister at Gatehouse Chambers.

View Dispute Resolution by content type :

Popular documents