PRACTICE DIRECTION 40E – RESERVED JUDGMENTS
|Scope and interpretation||Para. 1.1|
|Availability of reserved judgments before handing down||Para. 2.1|
|Corrections to the draft judgment||Para. 3.1|
|Orders consequential on judgment||Para. 4.1|
|Attendance at handing down||Para. 5.1|
Scope and interpretation
This Practice Direction applies to all reserved judgments which the court intends to hand down in writing.
Availability of reserved judgments before handing down
Where judgment is to be reserved the judge (or Presiding Judge) may, at the conclusion of the hearing, invite the views of the parties’ legal representatives as to the arrangements made for the handing down of the judgment.
Unless the court directs otherwise, the following provisions of this paragraph apply where the judge or Presiding Judge is satisfied that the judgment will attract no special degree of confidentiality or sensitivity.
The court will provide a copy of the draft judgment to the parties’ legal representatives by 4 p.m. on the second working day before handing down, or at such other time as the court may direct.
A copy of the draft judgment may be supplied, in confidence, to the parties provided that –
Where a copy of the draft judgment is supplied to a party’s legal representatives in electronic form, they may supply a copy to that party in the same form.
If a party to whom a copy of the draft judgment is supplied under paragraph 2.4 is a partnership, company, government department, local authority or other organisation of a similar nature, additional copies may be distributed in confidence within the organisation, provided that all reasonable steps are taken to preserve its confidential nature and the requirements of paragraph 2.4 are adhered to.
If the parties or their legal representatives are in any doubt about the persons to whom copies of the draft judgment may be distributed they should enquire of the judge or Presiding Judge.
Any breach of the obligations or restrictions under paragraph 2.4 or failure to take all reasonable steps under paragraph 2.6 may be treated as contempt of court.
The case will be listed for judgment, and judgment handed down at the appropriate time.
Corrections to the draft judgment
Unless the parties or their legal representatives are told otherwise when the draft judgment is circulated, any proposed corrections to the draft judgment should be sent to the clerk of the judge who prepared the draft with a copy to any other party.
Orders consequential on judgment
Following the circulation of the draft judgment the parties or their legal representatives must seek to agree orders consequential upon the judgment.
In respect of any draft agreed order the parties must –
A copy of a draft order must bear the case reference, the date of handing down and the name of the judge or Presiding Judge.
Where a party wishes to apply for an order consequential on the judgment the application must be made by filing written submissions with the clerk to the judge or Presiding Judge by 12 noon on the working day before handing down.
Unless the court orders otherwise –
Attendance at handing down
If there is not to be an oral hearing of an application for an order consequential on judgment –
Where paragraph 5.1(a) applies but an advocate does attend the handing down of judgment, the court may if it considers such attendance unnecessary, disallow the costs of the attendance.