Part 40
JUDGMENTS, ORDERS, SALE OF LAND ETC.
See also Practice Direction 40, Practice Direction 40B, Practice Direction 40D, Practice Direction 40E
| This Part is referred to in: Part 23 (23.11), Part 57 (57.15), Part 69 (69.8), PDP 21 (12), PDP 24 (6), PDP 25b (5.6), PDP 25c (3), PDP 40b (14.4), (14.4), (2.3), Chancery Guide - Chap 9 (kr1), QB Guide - Chapter 10 (10.3), Comm Ct Guide - Pt J (J12.1), Crown Prosecution Service v P [2], SmithKline Beecham Plc v Apotex Europe Ltd [23]. |
| Amendments to Part 40 w/e from 2 May 2000. |
I JUDGMENTS AND ORDERS
| SCOPE OF THIS SECTION
|
|
40.1 |
This 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. |
|
Amendments to Rule 40.1 w/e from 2 May 2000, The reference to the practice direction inserted
w/e from 1 April 2005. |

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 --- |
| (2)
|
| (a)
| bear the date on which it is given or made; and |
|
| (4)
|
| (a)
|
whether or not the judgment or order is final; |
| (c)
|
whether the court gives permission to appeal; and |
| (d)
|
if not, the appropriate appeal court to which any further application for permission may be made. |
|
(Paragraph 4.3B of the Practice Direction pdp-52supplementing Part 52 deals with the court's power to adjourn a hearing where a judgment or order is handed down and no application for permission to appeal is made at that hearing)
|
Amendments to Rule 40.2 made
w/e from 6 April 2006, Rule 40.2 amended w/e from 25 March 2002, Rule 40.2(3) inserted
w/e from 6 April 2006, Rule 40.2(4) inserted
w/e from 6 April 2006. |

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 |
|
| (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)
| before a judgment or an order is drawn up by the court, the parties must file an agreed statement of its terms. |
|
| (3)
| Where a judgment or an order is to be drawn up by a party ---
| (a)
| he must file it no later than 7 days after the date on which the court ordered or permitted him to draw it up so that it can be sealed
(GL)
by the court; and |
| (b)
| if he fails to file it within that period, any other party may draw it up and file it. |
|
| (4)
|
Except for orders made by the court of its own initiative and unless the court otherwise orders, every judgment or order made in claims proceeding in the Queen's Bench Division at the Royal Courts of Justice, other than in the Administrative Court, will be drawn up by the parties, and rule 40.3 is modified accordingly. |
|
| This Rule is referred to in: Part 58 (58.15), Part 59 (59.12), Part 60 (60.7), PDP 40b (14.4), (14.4), (14.4), PDP 47 (37.4), QB Guide - Chapter 10 (10.3), Comm Ct Guide - Pt D (D19.1), Merc Court Guide (10.1), Robinson v Fernsby [81]. |
new Rule 40.3(4) added w/e from 1 October 2005, text substituted in Rule 40.3(1) w/e from 1 October 2005. |

SERVICE OF JUDGMENTS AND ORDERS
|
|
40.4 |
| (1)
| Where a judgment or an order has been drawn up by a party and is to be served by the court ---
| (a)
| the party who drew it up must file a copy to be retained at court and sufficient copies for service on him and on the other parties; and |
|
| (2)
| Unless the court directs otherwise, any order made otherwise than at trial must be served on ---
| (b)
| any other person on whom the court orders it to be served. |
|
( Rule 6.3 specifies who must serve judgments and orders)
|
| Rule 40.4 cross reference deleted w/e from 2 December 2002. |

POWER TO REQUIRE JUDGMENT OR ORDER TO BE SERVED ON A PARTY AS WELL AS HIS SOLICITOR
|
|
40.5 | |

CONSENT JUDGMENTS AND ORDERS
|
|
40.6 |
| (1)
| This rule applies where all the parties agree the terms in which a judgment should be given or an order should be made. |
| (2)
|
| (c)
| the approval of the court is not required by these Rules, a practice direction or any enactment before an agreed order can be made. |
|
| (3)
| The judgments and orders referred to in paragraph (2) are ---
| (a)
|
| (i)
| the payment of an amount of money (including a judgment or order for damages or the value of goods to be decided by the court); or |
| (ii)
| the delivery up of goods with or without the option of paying the value of the goods or the agreed value. |
|
| (b)
| an order for ---
| (iii)
| the stay
(GL)
of enforcement of a judgment, either unconditionally or on condition that the money due under the judgment is paid by instalments specified in the order; |
| (v)
| the payment out of money which has been paid into court; |
| (vi)
| the discharge from liability of any party; |
| (vii)
| the payment, assessment or waiver of costs, or such other provision for costs as may be agreed. |
|
|
| (5)
| Where paragraph (2) does not apply, any party may apply for a judgment or order in the terms agreed. |
| (6)
| The court may deal with an application under paragraph (5) without a hearing. |
| (7)
| Where this rule applies ---
| (a)
| the order which is agreed by the parties must be drawn up in the terms agreed; |
| (b)
| it must be expressed as being 'By Consent'; |
|
|
| This Rule is referred to in: Part 58 (58.15), Part 59 (59.12), Part 60 (60.7), PDP 23 (10.3), PDP 40b (14.4), (14.4), (14.4), (3.3), PDP 41b (6), PDP 44 (17.7), PDP 47 (36.1), QB Guide - Chapter 10 (10.3), SCCO costs guide - Section 21 (21.3), Bailey v Warren [135], [135], [135]. |

WHEN JUDGMENT OR ORDER TAKES EFFECT
|
|
40.7 |
| (1)
| A judgment or order takes effect from the day when it is given or made, or such later date as the court may specify. |
| (2)
| This rule applies to all judgments and orders except those to which rule 40.10 (judgment against a State) applies. |
|

TIME FROM WHICH INTEREST BEGINS TO RUN
|
|
40.8 |
| (1)
| Where interest is payable on a judgment pursuant to section 17 of the Judgments Act 1838Acts( 1) or section 74 of the County Courts Act 1984Acts( 2), the interest shall begin to run from the date that judgment is given unless ---
| (a)
| a rule in another Part or a practice direction makes different provision; or |
| (b)
| the court orders otherwise. |
|
| (2)
| The court may order that interest shall begin to run from a date before the date that judgment is given. |
|

WHO MAY APPLY TO SET ASIDE OR VARY A JUDGMENT OR ORDER
|
|
40.9 | |

JUDGMENT AGAINST A STATE IN DEFAULT OF ACKNOWLEDGMENT OF SERVICE
|
|
40.10 |
| (1)
| Where the claimant obtains default judgment under Part 12 on a claim against a State where the defendant has failed to file an acknowledgment of service, the judgment does not take effect until 2 months after service on the State of ---
| (a)
| a copy of the judgment; and |
| (b)
| a copy of the evidence in support of the application for permission to enter default judgment (unless the evidence has already been served on the State in accordance with an order made under Part 12). |
|
| (2)
| In this rule, 'State' has the meaning given by section 14 of the State Immunity Act 1978Acts( 3). |
|

TIME FOR COMPLYING WITH A JUDGMENT OR ORDER
|
|
40.11 |
| (a)
| the judgment or order specifies a different date for compliance (including specifying payment by instalments); |
| (b)
| any of these Rules specifies a different date for compliance; or |
|
| |
|

CORRECTION OF ERRORS IN JUDGMENTS AND ORDERS
|
|
40.12 |
| (2)
| A party may apply for a correction without notice. |
|

CASES WHERE COURT GIVES JUDGMENT BOTH ON CLAIM AND COUNTERCLAIM
|
|
40.13 |
| (1)
| This rule applies where the court gives judgment for specified amounts both for the claimant on his claim and against the claimant on a counterclaim. |
| (2)
| If there is a balance in favour of one of the parties, it may order the party whose judgment is for the lesser amount to pay the balance. |
| (3)
| In a case to which this rule applies, the court may make a separate order as to costs against each party. |
|

JUDGMENT IN FAVOUR OF CERTAIN PART OWNERS RELATING TO THE DETENTION OF GOODS
|
|
40.14 |
| (1)
| In this rule 'part owner' means one of two or more persons who have an interest in the same goods. |
| (2)
| Where ---
| (a)
| a part owner makes a claim relating to the detention of the goods; and |
| (b)
| the claim is not based on a right to possession, |
any judgment or order given or made in respect of the claim is to be for the payment of damages only, unless the claimant had the written authority of every other part owner of the goods to make the claim on his behalf as well as for himself. |
| (3)
| This rule applies notwithstanding anything in subsection (3) of section 3 of the Torts (Interference with Goods) Act 1977( 4), but does not affect the remedies and jurisdiction mentioned in subsection (8) of that section. |
|
| Amendments to Rule 40.14 w/e from 2 May 2000. |

II SALE OF LAND ETC. AND CONVEYANCING COUNSEL
| SCOPE OF THIS SECTION
|
|
40.15 |
| (1)
|
| (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 1981Acts( 5) (provides for the appointment of the conveyancing counsel of the Supreme Court) |
|
POWER TO ORDER SALE ETC.
|
|
40.16 | |

POWER TO ORDER DELIVERY UP OF POSSESSION ETC.
|
|
40.17 |
Where 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 ---
| (b)
| receipt of rents or profits relating to it; or |
|
|
REFERENCE TO CONVEYANCING COUNSEL
|
|
40.18 |
| (1)
| The court may direct conveyancing counsel to investigate and prepare a report on the title of any land or to draft any document. |
| (2)
| The court may take the report on title into account when it decides the issue in question. |
(Provisions dealing with the fees payable to conveyancing counsel are set out in the practice direction pdp-44relating to Part 44) |

PARTY MAY OBJECT TO REPORT
|
|
40.19 |
| (2)
| Where there is an objection, the issue will be referred to a judge for determination. |
( Part 23 contains general rules about making an application) |

III DECLARATORY JUDGMENTS
| DECLARATORY JUDGMENTS
|
|
40.20 |
| The court may make binding declarations whether or not any other remedy is claimed. |
|
| Rule 40.20 inserted w/e from 26 March 2001. |
FOOTNOTES
|
1
|
1838 c.110. Section 17 was amended by S.I. 1998/2940.  |
|
2
|
1984 c.28. Section 74 was amended by section 2 of the Private International Law (Miscellaneous Provisions) Act 1995 (c.42).  |
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3
|
1978 c.33.  |
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4
|
1977 c.32.  |
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5
|
1981 c.54; section 131 was amended by the Courts and Legal Services Act 1990 (c.41), Schedule 10, paragraph 48.  |
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