Rule 40.2 Standard requirementsI1

England and Wales

(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 F1on admission entered under F2Part 14 where judgment is entered by a court officer;

(c)

a consent order under rule 40.6(2) (consent orders made by court officers) F3;

(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.

F4(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 F5or any adjournment of that hearing.

(4)

Where this paragraph applies, the judgment or order shall state—

F6(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

whether an appeal lies from the judgment or order and, if so, to which appeal court F7, with an indication of the division of the High Court where the High Court is the appeal court;

(c)

whether the court gives permission to appeal; and

(d)

if not, the appropriate appeal court F8, including the appropriate division where relevant, to which any further application for permission may be made.

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in rule 40.2(1)(b) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 22(1)(a)
F2: Words in rule 40.2(1)(b) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 22(1)(b)
F3: Rule 40.2(1)(d)(e) inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 4(b) (with rule 24)
F4: Rule 40.2(3)(4) inserted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 9
F5: Words in rule 40.2(3) inserted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 8
F6: Rule 40.2(4)(a) omitted (3.10.2016) by virtue of The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 7(a)
F7: Words in rule 40.2(4)(b) inserted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 7(b)
F8: Words in rule 40.2(4)(d) inserted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 7(c)
F9: Words in rule 40.2 omitted (1.10.2012) by virtue of The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 7

Commencement

I1: Rule 40.2 in force at 26.4.1999, see Signature

Notes on Part 40

Textual amendments

F1: Pt. 40 heading substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 18(1)
F2: Pt. 40 Table of Contents substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 4 Pt. 1
F3: Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(i) (with rule 41)
F4: Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(ii) (with rule 41)
F5: Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(iii) (with rule 41)
F6: Words in Pt. 40 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 16(a)(iv) (with rule 41)

Notes on

Textual amendments

F1: Pt. 40 Section 1 heading inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 18(2), Sch. 4 Pt. 1