Judgments and orders—drafting and formalities
Judgments and orders—drafting and formalities

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Judgments and orders—drafting and formalities
  • Definition of terms
  • Standard requirements
  • Short form judgments
  • Conditional orders
  • Redaction of judgments
  • Money claims—time for payment and payment by instalments
  • Drawing up orders
  • Orders drawn up by the parties
  • Orders drawn up by the court
  • More...

Judgments and orders—drafting and formalities

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court specific guidance.

Definition of terms

The words 'judgment' and 'order' are used interchangeably in CPR 40 to mean a written summary of a court's decision and for practical purposes, no distinction is now drawn between the words 'judgment' and 'order' in the CPR. Historically, a judgment was a final decision in an 'action' (now a claim) and an order was the term applied to every other decision in an 'action' (Chinory Onslow).

If any distinction between the expressions can be discerned from CPR 40, it would appear to be that a 'judgment' is a judicial act or an act of the court through one of its authorised officers and whether it is an act of a judge or court officer as a result of an actual decision or by default, it is a final decision in the claim. A judgment so pronounced by a judge gives rise to an issue estoppel. Everything else is an order, whether it is the result of a decision of a judge or an authorised act of a court officer. However, the term 'judgment' is used in different contexts

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