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Key Rules: CPR Part 40, and PDs 40, 40B and 40D
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| 9.1 |
Where judgment is reserved, the judge will normally deliver his or her judgment by handing down the written text without reading it out in open court. Where this course is adopted, the advocates will be supplied with the full text of the judgment in advance of delivery. In such cases, the advocates should familiarise themselves with the text of the judgment and be ready to deal with any points which may arise when judgment is delivered.
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| 9.2 |
The text may be shown, in confidence, to the parties, but only for the purpose of obtaining instructions and on the strict understanding that the judgment, or its effect, is not to be disclosed to any other person, or used in the public domain, and that no action is taken (other than internally) in response to the judgment. Advocates should notify the judge's clerk of any obvious errors or omissions.
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| 9.3 |
The judgment does not take effect until formally delivered in court, when, if requested and so far as practicable, it will be made available to the law reporters and the press. The judge will normally direct that the written judgment may be used for all purposes as the text of the judgment, and that no transcript of the judgment need be made. Where such a direction is made, copies of the judgment may be obtained from the Mechanical Recording Department.
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| 9.4 |
It may often be possible for the court to prepare and seal an order more quickly if a draft of the order is handed in. Speed may be particularly important where the order involves the grant of an interim injunction or the appointment of a receiver without notice. In all but the most simple cases a draft order should be prepared and brought to the hearing.
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| 9.5 |
The court may in any case direct the parties to agree and sign a statement of the terms of the order made by the court (still commonly called a minute of order). Where the proceedings are in the Royal Courts of Justice, the statement should, when agreed and signed, be delivered to Chancery Chambers Registry and Issue Section (Room TM5.04) unless otherwise requested. The statement must, under PD 40B, be filed no later than 7 days from the date of the order, unless the court directs otherwise. In the case of any dispute or difficulty as to the contents of the order, the parties should mention the matter to the judge or Master who heard the application.
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| 9.6 |
Where a draft or an agreed statement of the terms of an order exists in electronic form, it is often helpful if the draft or agreed statement is provided to the court by e-mail or on disk as well as in hard copy, particularly if the order needs to be drawn quickly. Any disk supplied for this purpose must be new and newly-formatted before writing the material on it so as to minimise the risk of transferring a computer virus. The current word processing system used by the Chancery Associates is Word for Windows 2000. Enquiries regarding the provision of disks should be made of the associate responsible for drawing the order in question.
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| 9.7 |
Where a judge or Master directs that a statement of the terms of an order be agreed and signed, the agreed statement should be filed in Room TM5.04 as set out in paragraph 9.5 above. Agreed statements will normally be adopted as the order of the court.
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| 9.8 |
Orders will be drawn up by the court, unless the judge or Master directs that no order be drawn. Unless a contrary order is made, or the party concerned has asked to serve the order, a sealed order will be sent by the court to each party.
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| 9.9 |
Where a particular order is required to be served personally, the party concerned (see above) will be responsible for service.
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| 9.10 |
If the order is to be drawn up by a party, three engrossments of the order proposed should be delivered or posted to:
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Chancery Chambers Registry
Room TM5.04
Thomas More Building
Royal Courts of Justice
Strand
London WC2A 2LL
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| 9.11 |
Recitals will be kept to a minimum and the body of the order will be confined to setting out the decision of the court and the directions required to give effect to it. If upon receipt of an order any party is of the view that it is not drawn up in such a way as to give effect to the decision of the court, prompt notice must be given to the Chancery Chambers Registry in Room TM5.04 and to all other parties setting out the reasons for dissatisfaction. If the differences cannot be resolved, the objecting party may apply on notice for the order to be amended and should do so promptly
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| 9.12 |
Copies of orders may be obtained from Room TM5.04 upon payment of the appropriate fee.
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| 9.13 |
All consent orders filed in Chancery Chambers and in respect of which a fee has been paid are referred to the Master for approval before the order is sealed.
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| 9.14 |
Every final order embodying terms of compromise made in proceedings in the Chancery Division under the 1975 Act must under paragraph 18.2 of PD 57 contain a direction that a memorandum of the order shall be endorsed on or permanently annexed to the grant and a copy of the order shall be sent to the Principal Registry of the Family Division with the relevant grant of probate or letters of administration for endorsement notwithstanding that any particular order may not, strictly speaking, be an order under the 1975 Act.
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| 9.15 |
This is covered in paragraphs 5.24-26 above.
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| 9.16 |
Where proceedings are to be stayed on agreed terms to be scheduled to the order, the draft order should be drawn so as to read, with any appropriate provision in respect of costs, as follows:
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"And the parties having agreed to the terms set out in the attached schedule
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IT IS BY CONSENT ORDERED
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That all further proceedings in this claim be stayed except for the purpose of carrying such terms into effect
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AND for that purpose the parties have permission to apply".
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This form of order is called a "Tomlin Order".
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| 9.17 |
Proceedings under judgments and orders in the Chancery Division are now regulated by PD 40 Accounts, Inquiries etc., PD 40B Judgments and Orders, and PD 40D Court's Powers in Relation to Land etc.
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| 9.18 |
Where a judgment or order directs further proceedings or steps, such as accounts or inquiries, it will often give directions as to how the accounts and inquiries are to be conducted, for example:
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for accounts
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(1) |
who is to lodge the account and within what period;
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(2) |
within what period objection is to be made; and
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(3) |
arrangements for inspection of vouchers or other relevant documents;
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for inquiries
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(4) |
whether the inquiry is to proceed on written evidence or with statements of case;
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(5) |
directions for service of such evidence or statements; and
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(6) |
directions as to disclosure.
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| 9.19 |
If directions are not given in the judgment or order an application should be made to the assigned Master as soon as possible asking for such directions. The application notice should specify the directions sought. Before making the application, applicants should write to the other parties setting out the directions they seek and inviting their response within 14 days. The application to the court should not be made until after the expiry of that period unless there is some special urgency. The application must state that the other parties have been consulted and have attached to it copies of the applicant's letter to the other parties and of any response from them. The Master will then consider what directions are appropriate. In complex cases he or she may direct a case management conference.
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| 9.20 |
If any inquiry is estimated to last more than two days and involves very large sums of money or strongly contested issues of fact or difficult points of law, the Master may direct that it be heard by a judge. The parties are under an obligation to consider whether in any particular case the inquiry is more suitable to be heard by a judge and should assist the Master in this. Accounts, however long they are estimated to take, will normally be heard by the Master. The Master is likely to want to give detailed directions in connection with the account and the form of it.
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