judgment

A judgment is a judicial determination or decision of a Court exercising judicial power. A judge will give judgment after the parties have had the opportunity to submit evidence and make submissions to support their respective cases.

The term is also used to refer to the reasons for a decision of a court, which may be given ex tempore or in a written decision by a judge, and in procedural matters, a court officer. Judgments are given in civil proceedings and criminal prosecutions. Civil judgments are discussed below.

The distinction between a judgment and court order has become less important since the Civil Procedure Rules came into force in England in 1999. This is because these Rules refer to “judgment” and “order” together, as if they always were the same thing. The importance of the difference between the two is now largely redundant.

Final Judgments

In the UK, legal proceedings may arrive at a final judgment in a variety of ways, which include:

1. the defendant fails to file an acknowledgement of service or a defence within the prescribed time. The claimant applies for default judgment (aka Judgment in Default) by filing an application notice for judgment in default or as part of the administrative procedure set out in CPR 12: Default Judgment;
2. failure to comply with an unless order which specifies that a statement of case will be struck out;
3. a party files a strike out application which succeeds in striking out the particulars of claim or a defence;
4. a party applies for and obtains summary judgment on the claim or a counterclaim;
5. by the Court handing down judgment or giving an oral judgment after the trial;
6. agreement between the parties, whereby a party agrees to judgment being entered against it;
7. one of the parties filing an admission that it is liable for the claim, set out in the claim form;
8. recognition of a foreign judgment in an English Court. The order which is produced by the court is enforceable using the same methods as a judgment arrived by any of the foregoing means.

Final judgments are able to be challenged, however:

1. only on limited grounds;
2. in accordance with the time frames and procedure set out in the Civil Procedure Rules; and
3. No appeal to judgments lies at common law. The right to appeal must be granted by statute.

Effect of Judgments

Final judgments bring the disputes which were the subject of the legal proceedings to an end. When the decision is made on the merits of the case the effect of the final judgment include:

1. the causes of action which entitled the claimant to sue, any defence or counterclaim pleaded in a statement of case merge with the judgment and cease to exist. This is the operation of the doctrine of merger.
2. the disputes which were the subject of the case are res judicata, such that the controversies between the parties have been adjudicated - finally and conclusively. The decision is only able to be challenged by a court higher in the relevant court hierarchy. For instance, a decision of a High Court Judge, may only be overturned or challenged in the Court of Appeal or Supreme Court.
3. the parties are not entitled to re-litigate the claims which were the subject of the case. Issue estoppel or cause of action estoppel apply to prevent each party from doing so in the future.
   This means that (1) a claimant cannot re-litigate the decision to obtain a better result in a separate set of proceedings, and (2) the defendant is also prevented from doing so.
4. Judgments operate in rem or in personam. In rem judgments being the less frequent type, and bind the world at large.
   The vast majority of civil claims are claim made in personam against the parties named in the proceedings, such as claims for breach of contract and claims in tort (such as conspiracy, tort of conversion and infringement of intellectual property rights). Remedies granted in judgments are most frequently damages, and less often although still frequent in number, injunctions in appropriate cases.

Interlocutory judgments require further matters to be determined. For instance, suppose judgment is entered which awards the claimant an account of profits made by the defendant in respect to an invention for infringement of intellectual property rights. The account of profits would be:

1. One of the primary heads of relief sought by the claimant;
2. still needs to be assessed by the Court. In the High Court, the taking of the account is likely to be heard by a Master, who will decide the quantum of the account.

Ex tempore and Reserved Judgments

Judgments are often given extemporaneously (or ex tempore) immediately after the conclusion of submissions when a court decides less complicated disputes, such as decisions on procedural matters, such as case management directions; applications for security for costs, strike out applications and applications for summary judgment. These decisions are recorded by a “minute of order” (which is simply entitled “Order”).

On occasions when the disputes are more complex or the court wishes to take time to consider its decision (including to prepare reasons for the judgment), the court will reserve its decision. See curia advisari vult (abbreviated to cur. ad. vult). Reserved judgments are usually distributed to the litigants in advance of the formal handing down of the judgment in writing at a later date to be determined by the Court after a draft judgment is distributed to the parties to the litigation.

Time

Judgments and court orders are effective from the time that they are made or a date specified in the judgment or order (if any), and not from the time they are sealed. Courts have jurisdiction to correct minor errors in used under the slip rule.

Special Cases

1. Default Judgments against States take effect 2 months after (1) service of the judgment in default, and (2) service of the documents filed in support of the application for default judgment;
2. Unless otherwise ordered, payment of sums of money in judgments, including costs orders, must be paid within 14 days of the decision. Court are able to order a stay of execution of any judgment;
3. When an order specifies that an act is to be done, it must specify the time by which it must be done.

Formal Requirements

Subject to minor exceptions, judgments should set out:

1. set out the name of the proceedings;
2. the procedural background, if relevant;
3. set out the claim number or reference used by the Court to refer to the proceedings;
4. the name of the judge making it;
5. the date that it was made and be sealed by the court;
6. where judgment is given in a foreign currency, the following words should be used:

“It is ordered that the defendant pay the claimant US$[10.00] or the Sterling equivalent at the time of payment.”.

Final judgments should fully and properly reasoned, and include amongst other things:

1. the issues which are decided;
2. recite the facts of the case;
3. state the relevant law;
4. assessment of the witnesses tested under cross examination (if any); and
5. state the relief granted and steps to be taken to quantify and sums to be awarded.