Drawing up and filing of judgments and ordersE+W
40.3—(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.]
Textual Amendments
F1Words 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)
F2Rule 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)
F3Word 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 Information