OpenLegislation

Rule 40.3 Drawing up and filing of judgments and ordersI1

England and Wales

(1)

F1Except 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.

F2(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 F3King’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.

Annotations

Textual amendments

F1: Words in rule 40.3(1) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 37(a)
F2: Rule 40.3(4) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 37(b)
F3: Word in rule 40.3(4) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 22(1)

Commencement

I1: Rule 40.3 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