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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), PDP 52 (15.12), Chancery Guide - Chap 9 (kr1), QB Guide - Chapter 10 (10.3), Comm Ct Guide - Pt J (J12), Crown Prosecution Service v P [2], SmithKline Beecham Plc v Apotex Europe Ltd [23].
This Part is referred to in the following SIs: Civil Procedure (Amendment) Rules 2002 (36), Civil Procedure (Amendment) Rules 2000 (18), Civil Procedure (Amendment) Rules 2002 (36), Civil Procedure (Amendment) Rules 2000 (18).
Amendments to Part 40 w/e from 2 May 2000.

See also Practice Direction 40, Practice Direction 40B, Practice Direction 40D, Practice Direction 40E

Part 40 JUDGMENTS, ORDERS, SALE OF LAND ETC.

Contents of this Part
Title Number
I JUDGMENTS AND ORDERS  
Scope of this section Rule 40.1
Standard requirements Rule 40.2
Drawing up and filing of judgments and orders Rule 40.3
Service of judgments and orders Rule 40.4
Power to require judgment or order to be served on a party as well as his solicitor Rule 40.5
Consent judgments and orders Rule 40.6
When judgment or order takes effect Rule 40.7
Time from which interest begins to run Rule 40.8
Who may apply to set aside or vary a judgment or order Rule 40.9
Judgment against a State in default of acknowledgment of service Rule 40.10
Time for complying with a judgment or order Rule 40.11
Correction of errors in judgments and orders Rule 40.12
Cases where court gives judgment both on claim and counterclaim Rule 40.13
Judgment in favour of certain part owners relating to the detention of goods Rule 40.14
II SALE OF LAND ETC. AND CONVEYANCING COUNSEL  
Scope of this Section Rule 40.15
Power to order sale etc. Rule 40.16
Power to order delivery up of possession etc. Rule 40.17
Reference to conveyancing counsel Rule 40.18
Party may object to report Rule 40.19
III DECLARATORY JUDGMENTS  
Declaratory Judgments Rule 40.20

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.
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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 –
(a)     default judgment entered under rule 12.4(1) (entry of default judgment where judgment is entered by a court officer) or a default costs certificate obtained under rule 47.11;
(b)     judgment entered under rule 14.4, 14.5, 14.6, 14.7 and 14.9 (entry of judgment on admission where judgment is entered by a court officer);
(c)     a consent order under rule 40.6(2) (consent orders made by court officers);
(d)     an order made by a court officer under rule 70.5 (orders to enforce awards as if payable under a court order); or
(e)     an order made by a court officer under rule 71.2 (orders to obtain information from judgment debtors).
(2)     Every judgment or order must –
(a)     bear the date on which it is given or made; and
(b)     be sealed(GL) by the court.
(3)     Paragraph (4) applies where a party applies for permission to appeal against a judgment or order at the hearing at which the judgment or order was made.
(4)     Where this paragraph applies, the judgment or order shall state –
(a)     whether or not the judgment or order is final;
(b)     whether an appeal lies from the judgment or order and, if so, to which appeal court;
(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 Directionpdp-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.
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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
(d)     it is a consent order under rule 40.6.
(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.
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.
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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
(b)     once it has been sealed(GL), the court must serve a copy of it on each party to the proceedings.
(2)     Unless the court directs otherwise, any order made otherwise than at trial must be served on –
(a)     the applicant and the respondent; and
(b)     any other person on whom the court orders it to be served.

(Rule 6.21 sets out who is to serve a document other than the claim form.)

This Rule is referred to in: Part 74 (74.13).
Rule 40.4 cross reference deleted w/e from 2 December 2002,
Text substituted in parenthesis after Rule 40.4(2)(b) w/e from 1 October 2008.
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Power to require judgment or order to be served on a party as well as his solicitor
40.5   

Where the party on whom a judgment or order is to be served is acting by a solicitor, the court may order the judgment or order to be served on the party as well as on his solicitor.

This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41).
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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)     A court officer may enter and seal(GL) an agreed judgment or order if –
(a)     the judgment or order is listed in paragraph (3);
(b)     none of the parties is a litigant in person; and
(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)     a judgment or order for –
(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 –
(i)     the dismissal of any proceedings, wholly or in part;
(ii)     the stay(GL) of proceedings on agreed terms, disposing of the proceedings, whether those terms are recorded in a schedule to the order or elsewhere;
(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;
(iv)     the setting aside under Part 13 of a default judgment which has not been satisfied;
(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.
(4)     Rule 40.3 (drawing up and filing of judgments and orders) applies to judgments and orders entered and sealed(GL) by a court officer under paragraph (2) as it applies to other judgments and orders.
(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’;
(c)     it must be signed by the legal representative acting for each of the parties to whom the order relates or, where paragraph (5) applies, by the party if he is a litigant in person.
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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.
This Rule is referred to in: Prudential v McBains [27], Robinson v Fernsby [81].
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41).
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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 1838Acts1 or section 74 of the County Courts Act 1984Acts2, 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.
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41).
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Who may apply to set aside or vary a judgment or order
40.9   

A person who is not a party but who is directly affected by a judgment or order may apply to have the judgment or order set aside or varied.

This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41).
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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 1978Acts3.
This Rule is referred to in: PDP 40b (14.4).
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41).
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Time for complying with a judgment or order
40.11   

A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless –

(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
(c)     the court has stayed the proceedings or judgment.

(Parts 12 and 14 specify different dates for complying with certain default judgments and judgments on admissions)

This Rule is referred to in: QB Guide - Chapter 10 (10.3).
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41).
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Correction of errors in judgments and orders
40.12   
(1)     The court may at any time correct an accidental slip or omission in a judgment or order.
(2)     A party may apply for a correction without notice.
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41).
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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.
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41).
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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 19774, but does not affect the remedies and jurisdiction mentioned in subsection (8) of that section.
This Rule is referred to in: Part 12 (12.5).
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (18), (41).
Amendments to Rule 40.14 w/e from 2 May 2000.
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II SALE OF LAND ETC. AND CONVEYANCING COUNSEL

Scope of this Section
40.15   
(1)     This Section –
(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 1981Acts5 (provides for the appointment of the conveyancing counsel of the Supreme Court)

(2)     In this Section ‘land’ includes any interest in, or right over, land.
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41).
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Power to order sale etc.
40.16   

In any proceedings relating to land, the court may order the land, or part of it, to be –

(a)     sold;
(b)     mortgaged;
(c)     exchanged; or
(d)     partitioned.
This Rule is referred to in: PDP 40d (5.1).
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41), (41).
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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 –

(a)     possession of the land;
(b)     receipt of rents or profits relating to it; or
(c)     both.
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41).
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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 directionpdp-44relating to Part 44)

This Rule is referred to in: PDP 40d (2), (6.3).
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2000 (41).
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Party may object to report
40.19   
(1)     Any party to the proceedings may object to the report on title prepared by conveyancing counsel.
(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)

This Rule is referred to in: PDP 40d (6.6).
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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.
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Footnotes

1. 1838 c.110. Section 17 was amended by S.I. 1998/2940. Return to footnote 1
2. 1984 c.28. Section 74 was amended by section 2 of the Private International Law (Miscellaneous Provisions) Act 1995 (c.42). Return to footnote 2
3. 1978 c.33. Return to footnote 3
4. 1977 c.32. Return to footnote 4
5. 1981 c.54; section 131 was amended by the Courts and Legal Services Act 1990 (c.41), Schedule 10, paragraph 48. Return to footnote 5
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