Judgments and orders: some common issues

by Practical Law Dispute Resolution

A note providing guidance on the key principles and procedural rules governing judgments and orders in civil litigation. This note examines the somewhat fluid distinction between a judgment, as a final decision, and an order, which may be interim or procedural. It discusses who a judgment or order binds, how they are made by the court or by consent, and the requirements for their form and content. The guidance also addresses crucial practical issues, including the purpose of circulating draft judgments and the strict embargo on their disclosure under Practice Direction (PD) 40E, highlighting the serious consequences of a breach. Furthermore, this note explores the processes for enforcement, the circumstances in which a decision can be corrected before a judgment is perfected and under the slip rule, and the limited situations where an order may be varied or revoked (in particular under the Civil Procedure Rules (CPR) 3.1(7)). It also considers in some detail the specific and distinct procedures for challenging and setting aside a judgment on the grounds of fraud.