PRACTICE DIRECTION - 16.1

SETTLING DRAFT ORDERS AND JUDGMENTS

1.     A draft order should be submitted for approval as soon as practicable but in any case not later than 7 days after the pronouncement of the order.  As regards who should submit a draft order for approval, solicitors should note Order 42, rule 5.

2.    Draft orders will only be accepted by the Court if signed personally by a solicitor.

3.    If, thereafter, a solicitor disagrees with any amendment made by the Judge or Master or his clerk, he should seek an appointment before the Judge or Master.

4.    If, thereafter, a solicitor disagrees with any amendment made by the Registry, he should notify the Registry and seek an appointment before the Practice Master.

5.    Solicitors are reminded that it is their duty to submit a well-considered draft for approval and they should not expect Judges or their clerks or the Registry to amend badly prepared draft orders or judgments for them.  If the draft submitted requires more than minor amendments, it will be returned to the solicitors for re-drafting and re-submission for approval within a reasonable time and without delay.

6.   Solicitors are also reminded that upon receipt of a sealed order from the opposite party, they should counter check the accuracy in the contents of the order and its recital.

7.    A court order should properly recite parties who have attended and their representation, if any.

8.    Solicitors should make sure that they have included in the recital all summonses, affidavits or affirmations relevant to the hearing / application laid before the Court when making the order. 

9.    Any order made at the hearing allowing or refusing leave to adduce affidavits or affirmations should also be included in the draft order.

10.   Paragraphs 8 and 9 are important as a properly drafted order will, among other things, enable the appeal court to know what has been referred to and whether or not a party is seeking to adduce new evidence on appeal.

11.   Before a hearing bundle is returned to parties by the Court, the index therein should be taken out for the Court's retention.  Solicitors should ensure that relevant affidavits or affirmations only filed or tendered to the Court at the hearing should be added to this index (in manuscript) before it is retained by the Court.  When vetting the draft order, the clerk will refer to this index to confirm what summons and affidavits or affirmations have been placed before the Court.

12.  This Practice Direction is applicable to the Court of Final Appeal (except paragraph 11), High Court, District Court and Lands Tribunal.

13.   This Practice Direction supersedes the previous Practice Direction 16.1 on Settling Draft Orders and Judgments.

14.   This Practice Direction shall come into effect on 2 April 2009.

Dated this 12th of February 2009.