Res Judicata Where a court makes a final decision on the merits, deciding a matter or necessarily deciding the same issues, new proceedings between the same parties may be prohibited on the basis of res judicata /matter decided. In these circumstances, new proceedings would be struck out as an abuse of process. Res judicata, in the strict sense of the expression, applies where the matter […]
Taking Effect A judgment is entered as of the date when it is pronounced unless it is otherwise ordered. A judgment generally takes effect from its date. Interest runs from the date of entry. In other cases, however service is necessary to make the judgment effective. Where an interlocutory judgment for damages to be assessed is made and entered, the amount of damages, after being […]
Following Trial If no other method of trying or determining the matter is set out in the court rules, the action is set down for trial. The ordinary method of trial is by a judge in open court. In modern times, juries are involved in very limited categories of civil cases only. The judge directs the trial and enters judgment as he thinks right, in […]
Reasoned Decision There is a distinction between the judgement in the sense of the order and the reasoned judgement based on the findings of fact and the law which the judge may or may not write. The judgment is drawn up without setting out the reasoning or the evidence. The judgement in this sense is a concise finding and decision, usually embodying declarations and orders. […]
The appeals court, the Court of Appeal and Supreme Court may extend time set by the rules for an appeal. In some cases, there is a statutory provision which may limit this power. Generally, an application for extension of time is required. In the Court of Appeal, the respondent may consent to late filing. In the Supreme Court an application is required in this […]
Merger in Judgment A related principle to res judicata prevents the claimant obtaining a second judgement on the same matter. This is not based on estoppel, but on the principle that his claim has merged in the judgement. Similarly, where the plaintiff’s claim, if adjudicated later might have been more extensive and awarded greater damages (e.g personal injuries have taken and unforeseen turn for the […]
In Rem Judgements may be divided into two classes. Judgements in rem bind all persons. Judgements in rem exist only in a narrow number of categories relating to property, admiralty and the status of persons and things. A judgement in rem determines the status of a person or thing or the disposition of a thing, as opposed to the relative interests or rights of the […]
Nature of Judgement The words judgement and order are often used interchangeably. An order may refer to any order made in the course of proceedings. A judgement usually refers to the final order and may refer to a reasoned decision in relation to the final order. A judgment or order in the broader sense, includes all decisions by the judge, master or registrar on questions […]