The County Court Rules 1981

ORDER 22JUDGMENTS AND ORDERS

Drawing up and service of judgments and orders

1.—(1) Subject to the provisions of these rules with respect to particular judgments and orders, every judgment or final order and every order for directions made under Order 13, rule 2, or Order 17, rule 1, shall, unless the court otherwise directs, be drawn up and served by the proper officer on the party against whom it was given or made.

(2) Service shall be effected in accordance with Order 7, rule 1, and it shall not be necessary for the party in whose favour the judgment or order was made to prove that it reached the party to be served.

(3) Where judgment is entered in a default action under Order 9, rule 6(1), for payment forthwith, it shall not be necessary to draw up and serve the judgment unless—

(a)the judgment is for payment to the plaintiff or his solicitor;

(b)the plaintiff has abandoned part of his claim otherwise than by amending his particulars of claim and serving a copy on the defendant;

(c)the judgment is an interlocutory judgment for damages to be assessed.

(4) Any judgment given for the plaintiff in an action for principal money or interest secured by a mortgage or charge, and any order made on an appeal to a county court, shall be served on every party to the proceedings.

(5) Where a party to be served with a judgment or order is acting by a solicitor, service may, if the court thinks fit, be effected on the party as if he were acting in person.

Time for payment of money judgments

2.—(1) Where judgment is given or an order is made for the payment of money (including costs) otherwise than by instalments, then, subject to paragraph (2) and to rule 7(5) and Order 9, rule 6, the money shall, if no day for payment is specified in the judgment or order, be payable at the expiration of 14 days from the date of the judgment or order.

(2) Where costs to be taxed are payable and the costs have not been taxed before the day on which they would otherwise be payable, the costs shall, unless the court otherwise directs, be payable at the expiration of 14 days from the date of taxation.

Time for complying with other judgments

3.  Every judgment or order requiring any person to do an act other than the payment of money shall state the time within which the act is to be done.

Judgment in favour of reversioner for detention of goods

4.—(1) Where a claim relating to the detention of goods is made by a partial owner whose right of action is not founded on a possessory title, any judgment or order given or made in respect of the claim shall, notwithstanding anything in section 3(3) of the Torts (Interference with Goods) Act 1977, be for the payment of damages only.

In this paragraph “partial owner” means one of the two or more persons having interests in the goods, unless he has the written authority of every other such person to sue on the latter's behalf.

(2) This rule is without prejudice to the remedies and jurisdiction mentioned in section 3(8) of the said Act of 1977.

Entry of judgment on plaintiff's request where defendant debarred etc

5.—(1) Where a defendant is debarred from defending altogether or the whole of his defence is struck out, the plaintiff may have judgment entered for the amount of his claim and costs on filing a request in that behalf showing, where appropriate, that any condition subject to which the defendant was debarred or the defence was to be struck out has been fulfilled.

(2) If the plaintiff's claim is for unliquidated damages, any judgment entered under paragraph (1) shall be an interlocutory judgment for damages to be assessed and costs.

(3) Where a plaintiff or defendant is entitled under Order 11, rule 2(3)(a) or 3(5)(a), or under Order 18, rule 2(1), to have judgment entered for his taxed costs, he may have judgment entered on filing a request in that behalf showing that the costs have not been paid.

Assessment of damages under interlocutory judgment

6.—(1) Where an interlocutory judgment has been entered for damages to be assessed and no date has been fixed by the court for the assessment, an application by the plaintiff for such assessment shall be made on 7 days' notice to the defendant.

(2) For the purposes of any provision of these rules authorising the registrar to hear and determine any proceedings, the assessment shall be treated as the hearing of an action for the damages claimed.

Settlement of judgment and preparation of deed

7.—(1) Where a judgment or order is of such a nature that it should, in the opinion of the registrar, be settled in the presence of the parties, the judgment or order shall be prepared by the proper officer and a draft thereof, together with notice of an appointment before the registrar to settle the judgment or order, shall be sent by the proper officer to every party to the proceedings not less than 7 days before the day of the appointment.

(2) The registrar shall settle the judgment or order in the presence of such of the parties as attend the appointment.

(3) When the judgment or order has been settled, it shall be filed and a minute of the judgment or order, showing the date thereof shall be entered in the records of the court.

(4) Any party dissatisfied with the judgment or order as settled may apply to the judge, on notice to be served within 7 days after the settling of the judgment or order, to vary it, but the notice shall not operate as a stay of proceedings unless the court otherwise orders.

(5) Any money payable under a judgment or order settled under this rule shall be payable forthwith unless the court otherwise orders.

(6) Where a judgment or order directs any deed to be prepared and executed, it shall state by whom the deed is to be prepared and by whom, if anyone, it is to be approved, and if the parties to the deed cannot agree upon its form, the judge may, upon the application of any of them on notice, settle the deed himself or refer it to the registrar or to conveyancing counsel to be settled, subject to the final approval of the judge.

Certificate of judgment

8.—(1) Any person who desires to have a certificate of any judgment or order given or made in an action or matter shall make a request in writing to the proper officer stating—

(a)if he is a party to the action or matter, whether the certificate is required for the purpose of taking proceedings on the judgment or order in another court or is for the purpose of evidence only, or

(b)if he is not a party to the action or matter, the purpose for which the certificate is required, the capacity in which he asks for it and any other facts showing that the certificate may properly be granted.

(2) Where the request is made by a person who is not a party to the action or matter, the request shall be referred to the registrar, who may, if he thinks fit, refer it to the judge.

Payment in reduction of judgment debt

9.—(1) Subject to paragraph (2), a person liable to pay money under a judgment or order may at any time make a payment into court in reduction of the amount payable by him.

(2) Where no order has been made for payment by instalments, the proper officer shall not accept under paragraph (1) any sum less than the full amount payable if the person entitled to the benefit of the judgment or order has given written instructions to the proper officer not to accept a lesser sum.

(3) Where a judgment or order is given or made for the delivery of goods or payment of their value and the goods are returned or a warrant to recover the goods or their value is issued, money paid into court under the judgment or order shall be appropriate first to any sum of money and costs awarded.

Variation of payment

10.—(1) Where a judgment or order has been given or made for the payment of money, the person entitled to the benefit of the judgment or order or, as the case may be, the person liable to make the payment (in this rule referred to as “the judgment creditor” and “the debtor” respectively) may apply to the court in accordance with the provisions of this rule for a variation in the date or rate of payment.

(2) The judgment creditor may apply to the registrar ex parte in writing for an order that the money, if payable in one sum, be paid at a later date than that on which it is due or by instalments or, if the money is already payable by instalments, that it be paid by the same or smaller instalments, and the registrar may make an order accordingly without requiring the attendance of the judgment creditor unless no payment has been made under the judgment or order for 6 years before the date of the application or for some other reason the registrar thinks that the judgment creditor's attendance is desirable.

(3) The judgment creditor may apply to the court on notice for an order that the money, if payable in one sum, be paid at an earlier date than that on which it is due or, if the money is payable by instalments, that it be paid in one sum or by larger instalments, and if it appears to the court that the debtor is able so to pay the money, the court may make an order accordingly.

(4) The debtor may apply to the court on notice for an order that the money, if payable in one sum, be paid at a later date than that on which it is due or by instalments or, if the money is already payable by instalments, that it be paid by smaller instalments, and if it appears to the court that the debtor is unable to pay the money at the date on which it is due or by the instalments specified in the judgment or order, the court may make an order accordingly.

(5) An application under paragraph (3) or (4) may be made to the registrar unless the original judgment or order was given or made by the judge and the judge has directed that any application to vary it under paragraph (3) or (4) be made to the judge.

(6) Any order made under any of the foregoing paragraphs shall be entered in the records of the court and may be varied from time to time by a subsequent order made under any of those paragraphs.

Set-off of cross judgments

11.—(1) An application under section 100 of the Act for leave to set off any sums, including costs, payable under several judgments or orders each of which was obtained in a county court shall be made in accordance with this rule.

(2) Where the judgments or orders have been obtained in the same county court, the application may be made to that court on the day when the last judgment or order is obtained, if both parties are present, and in any other case shall be made on notice.

(3) Where the judgments or orders have been obtained in different county courts, the application may be made to either of them on notice, and notice shall be given to the proper officer of the other court.

(4) The registrar of the court to which the application is made and the registrar of any other court to which notice is given under paragraph (3) shall forthwith stay execution on any judgment or order in his court to which the application relates and any money paid into court under the judgment or order shall be retained until the application has been disposed of.

(5) The application may be heard and determined by the court and any order giving leave shall direct how any money paid into court is to be dealt with.

(6) Where the judgments or orders have been obtained in different courts, the proper officer of the court in which an order giving leave is made shall send a copy of the order to the proper officer of the other court, who shall deal with any money paid into that court in accordance with the order.

(7) The proper officer or, as the case may be, each of the proper officers affected shall enter satisfaction in the records of his court for any sums ordered to be set off, and execution or other process for the enforcement of any judgment or order not wholly satisfied shall issue only for the balance remaining payable.

(8) Where an order is made by the High Court giving leave to set off sums payable under several judgments and orders obtained respectively in the High Court and a county court, the proper officer of the county court shall, on receipt of a copy of the order, proceed in accordance with paragraph (7).

Sale etc. by order of court

12.—(1) Subject to paragraph (2), the provisions of the R. S. C. with regard to the sale, mortgage, exchange or partition of land by order of the Court shall apply in relation to an action or matter in the county court as they apply in relation to a cause or matter in the Chancery Division of the High Court.

(2) The requirement in the said provisions to leave a copy of the order or any other document at the judge's chambers shall not apply and any reference to conveyancing counsel of the Court shall be omitted.

Order of appellate court

13.  Where the Court of Appeal or High Court has heard and determined an appeal from a county court, the party entitled to the benefit of the order of the Court of Appeal or High Court shall deposit the order or an office copy thereof in the office of the county court.