{"id":3916,"date":"2018-09-01T17:40:11","date_gmt":"2018-09-01T17:40:11","guid":{"rendered":"https:\/\/legalblog.ie\/judgements\/"},"modified":"2024-05-05T18:48:50","modified_gmt":"2024-05-05T18:48:50","slug":"judgements","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/judgements\/","title":{"rendered":"Judgements"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/judgements\/#Nature_of_Judgement\" title=\"Nature of Judgement\">Nature of Judgement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/judgements\/#Final_and_Interlocutory\" title=\"Final and Interlocutory\">Final and Interlocutory<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/judgements\/#Declaratory\" title=\"Declaratory\">Declaratory<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/judgements\/#Default_Judgement_I\" title=\"Default Judgement I\">Default Judgement I<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/judgements\/#Default_Judgement_II\" title=\"Default Judgement II\">Default Judgement II<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/judgements\/#Following_Trial\" title=\"Following Trial\">Following Trial<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/judgements\/#Drawing_up_and_Entry\" title=\"Drawing up and Entry\">Drawing up and Entry<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/judgements\/#Finalising_Judgement_Order\" title=\"Finalising Judgement \/ Order\">Finalising Judgement \/ Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/judgements\/#Issues_in_Settling_Order\" title=\"Issues in Settling Order\">Issues in Settling Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/judgements\/#Judgement_Structure\" title=\"Judgement Structure\">Judgement Structure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/judgements\/#The_Judgement\" title=\"The Judgement\">The Judgement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/judgements\/#Drawing_Up_Order\" title=\"Drawing Up Order\">Drawing Up Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/judgements\/#Taking_Effect\" title=\"Taking Effect\">Taking Effect<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Nature_of_Judgement\"><\/span>Nature of Judgement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A judgment or order in the broader sense, includes all decisions by the judge, master or registrar on questions and issues that arise between the parties in course of proceedings.\u00a0 In the present context, judgments and orders refer to final orders in civil cases, which decide the claim in dispute between the parties.<\/p>\n<p>There is distinction between a judgment \u201cin personam\u201d and a judgment \u201cin rem\u201d.\u00a0 In the vast majority of cases, the judgment is \u201cin personam\u201d and binds the parties to the dispute only.\u00a0 A judgment in rem determines the status of a person or thing or the transfer of a thing.\u00a0 This is in contrast to a judgment on the interests of a \u00a0party to litigation in that thing.<\/p>\n<p>All judgments that are not \u201cin rem\u201d are judgments in personam. A judgment in personam (between parties)\u00a0 decides the rights of parties as between each other in relation to the particular matter in dispute.\u00a0 This may be a civil claim such as in tort or for breach of contract. It may relate to property.<\/p>\n<p>A judgment or order may be given at the trial or hearing of an action, or on an appeal.\u00a0 In may be given in the case of an action commenced by writ \/ summons, as a result of the consent of the parties, admissions, on default of appearance or defence or after trial of the matter.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Final_and_Interlocutory\"><\/span>Final and Interlocutory<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A judgment or order which determines the matter in question may be referred to as a final judgment or order. A final judgment or order is that by which a pre-existing right, obligation or liability or its absence, is ascertained, established and definitively determined.\u00a0 An order may be final, although it is subject to appeal.\u00a0 It may be final even though it directs further enquires or deals only with costs.<\/p>\n<p>A judgment dismissing an action may be final but it may given subject to a direction that dismissal is without prejudice to the claimant\\&#8217;s right to bring another action.<\/p>\n<p>An order which does not deal with the final and ultimate rights and obligations of the parties, usually made before the judgment and the \u00a0final decision on the matter in dispute, is referred to as an interlocutory order. Such orders and determinations commonly deal with matters of interim measures and procedural steps.<\/p>\n<p>In almost all cases, there is a right of appeal from a final judgment to an appeal court.\u00a0 Generally, there is no right of appeal against an interlocutory order without leave of the court or the appellate (appeal) court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Declaratory\"><\/span>Declaratory<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A declaratory judgment declares the rights of the parties, without making a specific order against one or other.\u00a0 The court may make a binding declaration of rights. It has a general power to make a declaration at the instance of a party who is interested in the subject matter of the declaration, notwithstanding that no application for relief has been made or that it has been abandoned or refused.<\/p>\n<p>The declaration must relate to some legal right and confer a benefit on the claimant.\u00a0 It may not be given where statutory remedies are prescribed and do not include a declaration.\u00a0 A declaration may be appropriate if damages alone are not adequate.<\/p>\n<p>The power to make a declaratory judgment is discretionary.\u00a0 It must be exercised judiciously and with due care and caution, having regard to the circumstances.\u00a0 It should not be granted unless all the appropriate parties are before the court.<\/p>\n<p>A declaratory judgment may be appropriate against a public or State body.\u00a0 Formerly, no injunction or order would issue against the Crown. In these cases, declaratory orders were appropriate given the duty of public organs to observe a law.\u00a0 Declaratory order remain an important feature of litigation against public bodies, notwithstanding the almost total erosion of State immunity. Public bodies, being creatures of law, are inherently bound to observe the law.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Default_Judgement_I\"><\/span>Default Judgement I<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In certain classes of case, judgment may be obtained in default of appearance or defence, as of right. \u00a0A final judgment may be thereby given in a claim for liquidated demand.\u00a0 \u00a0These are principally cases arising from debts and other claims for liquidated fixed \/ predetermined or determinable sum.\u00a0 Where the claim is for unliquidated damages only or detention of goods, an interlocutory judgment may be entered subject to assessment of damages.<\/p>\n<p>In cases where a right to judgment in default of appearance is not allowed as a right, leave of the court is required for final judgment in default, in the forming cases:<\/p>\n<ul>\n<li>action by a moneylender;<\/li>\n<li>Consumer credit cases;<\/li>\n<li>action relating to mortgages including for possession, redemption or conveyance;<\/li>\n<li>Civil proceedings against a State.<\/li>\n<\/ul>\n<p>In some cases where a judgment in default of appearance is not given as a right, a judgment may, by leave of the court, be entered on proof that the defendant is in default of appearance.<\/p>\n<p>If the defendant appears, but does not deliver a defence in time in an action for a debt, liquidated claim, some unliquidated claims, detention of goods or recovery of land,\u00a0 there is a procedure to obtain judgment either as of right or by leave, depending on the nature of the claim.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Default_Judgement_II\"><\/span>Default Judgement II<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If the claim is for a debt or liquidated sum, final judgment may be entered on expiration of the time for entry of a defence.\u00a0 If the claim is for unliquidated damages \u00a0or for detention of goods, an interlocutory judgment may be made in favour of the claimant, with an order for assessment of damages.<\/p>\n<p>In other cases, where the defendant has appeared, \u00a0but has not filed a defence, the claimant may set down a motion for judgment and obtain judgment in accordance with his statement of claim.\u00a0 The statement of claim must be consistent with the initiating writ\/summons.\u00a0 The claim must not be against an infants or a person of unsound mind.\u00a0 In the alternative, a claimant may set the action down for trial, notwithstanding default of defence.\u00a0 This will be necessary if oral evidence is required to establish the claim.<\/p>\n<p>If the claim is for both unliquidated and liquidated amounts, a final order may be made in respect of the liquidated amount and an interlocutory order may be made in respect of the unliquidated sum, to be assessed on motion or at an undefended hearing.<\/p>\n<p>Where a defence applies to part of a claim only, the claimant may with leave of the court, enter final and interlocutory judgment as the case, may be in respect of the undefended part of the claim.<\/p>\n<p>Where leave is not required, the claimant may apply to the court offices with the appropriate affidavits and seek judgment in the court offices.<\/p>\n<p>Where issues have been order to be tried or determined in any matter, the claimant may issue \u00a0a motion for judgment after the issues have been determined.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Following_Trial\"><\/span>Following Trial<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If no other method of trying or determining the matter is set out in the court rules, the action is set down for trial.\u00a0 The ordinary method of trial is by a judge in open court.\u00a0 In modern times, juries are involved in very limited categories of civil cases only.<\/p>\n<p>The judge directs the trial and enters judgment as he thinks right, in accordance with the facts and law.\u00a0 If the trial is with jury, the judge directs judgment in accordance with the jury\u2019s verdict.\u00a0 If there is no jury, the judge directs judgment in accordance with his determinations and findings of fact.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Drawing_up_and_Entry\"><\/span>Drawing up and Entry<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The judgment or order is drawn up and entered in books of records.\u00a0 Where the judgment has been drawn up, it is entered in the books by an officer of court, generally the judge\u2019s registrar in the higher courts.\u00a0 The court officer (registrar, clerk etc.) may be empowered to enter judgment pursuant to an order or certificate, and on production thereof, he may do so with the seal of the court.<\/p>\n<p>Particulars of every judgement or order of the High Court and of the Supreme Court are entered in proper books to be kept for that purpose and the judgement or order shall be filed in the Central Office. A copy of every judgement or order of the Supreme Court shall also be filed in the Office of the Registrar of the Supreme Court.<\/p>\n<p>Every judgement or order pronounced or made by the High Court or by the Supreme Court when so filed shall be deemed to be duly entered, and the entry thereof shall be dated as of the day on which such judgement or order was pronounced or made, unless the Court shall otherwise direct.<\/p>\n<p>A duplicate of every judgement or order shall be supplied out of the Central Office without fee to the solicitor or person paying the fee on the said judgement or order; and wherever any rule, or order, or the practice of the Court, requires the production or service of the original judgement or order, it shall be sufficient to produce or serve the duplicate.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Finalising_Judgement_Order\"><\/span>Finalising Judgement \/ Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the common law courts, judgment was directed to be entered and recorded by the court officer on a certificate. The formal order was drawn up by the party seeking to obtain it in proper form and is given with the certificate and file copies of pleadings to the court offices.\u00a0 It was prepared in draft form by the party obtaining it and submitted to the officer for entry.<\/p>\n<p>In the courts of equity, the order made in court may be set out in the registry or office of the court in writing.\u00a0 The person who sought to prosecute it, must obtain a written record and leave with the registrar counsel\u2019s briefs and other documents as may be required.\u00a0 From those materials and the registrar\u2019s notes, a draft or minute of the judgment was prepared.<\/p>\n<p>Orders made in chamber by a judge or master are recorded in the master\u2019s notes and transmitted to the registrar together with papers that were before the judge or master.\u00a0 The judgment or order must be drawn up and entered within a specified period.\u00a0 If not so drawn up, the registrar must report to the judge in writing, the reasons why, and give us opinions as to which of the parties is responsible for the delay.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Issues_in_Settling_Order\"><\/span>Issues in Settling Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The judge may direct the parties to attend before him, unless a satisfactory explanation is given and make such order for cost of drawing up and entering the judgment as he thinks fit.\u00a0 He may extend the time for appealing against the party in default.<\/p>\n<p>It is counsel\u2019s duty to take a note of the substance of the judgment delivered.\u00a0 Traditionally, this was endorsed on their brief.\u00a0 If their endorsements differ, the register\\&#8217;s note is conclusive.<\/p>\n<p>The registrar may require the matter to be mentioned in court, if there has been a difficulty in settling the order.\u00a0 Where the registrar settles the draft of the order and communicates it to the party and no objection is made, it is passed and entered.<\/p>\n<p>If a difficulty or dispute arises, any party may apply to the court by motion specifying the matter to which he objects.\u00a0 This is a motion to vary minutes.\u00a0 It may be made at any time before the order is entered, but not afterwards.<\/p>\n<p>On the motion to vary the minutes, the only question is what order was made.\u00a0 No variation of the order can be made, unless all parties consent.\u00a0 If it is impossible to ascertain what the order is, the matter may need to be reargued.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Judgement_Structure\"><\/span>Judgement Structure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A judgment or order will usually contain a preliminary or introductory part, showing the form of application, the parties appearing, consents, undertakings and admissions together with a substantive or mandatory part containing the court order.<\/p>\n<p>In more complex cases, there may be a declaration of rights, followed by an order for accounts and inquiries for the process of ascertaining or giving effect to rights. There may be also consequential directions, including for example, for sale of assets dealing with funds and payment of costs.<\/p>\n<p>Every judgment or order requiring a person to do an act ordered must state the time, or the time after service within which the act is to done.\u00a0 This may be specified to be immediate or forthwith.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_Judgement\"><\/span>The Judgement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is 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.\u00a0The 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.<\/p>\n<p>Modern Human Rights requirements emphasise the requirement for a reasoned decision on the evidence.\u00a0Judgments should set out a statement of evidence on which they are based together with a statements of objections that were taken at hearing and the decision of the court upon the objections, with the evidence objected to being read or not read as accordingly. Objections to admissibility should be dealt with at that time and evidence should not be entered as having been read, provisionally.<\/p>\n<p>If the case is appealed, the appellant\u00a0 settles a schedule of the evidence used at the trial.\u00a0 If there is a dispute as to what evidence shall be entered as read, the matter may be adjourned to the judge for decision. The judge may give directions as to the costs of adjournment and subject to such directions, the costs of setting the schedule. The costs are costs in the appeal.<\/p>\n<p>The schedule is not limited to evidence in respect of a point under appeal. It ought to be a complete schedule of all evidence used at the trial.\u00a0 It must be signed by the registrar.<\/p>\n<p>Every document which is intended for use in evidence ought to be formally marked by the registrar.\u00a0 Only those documents which have been\u00a0 referred to at the trial, should be entered as read.\u00a0 Where an order has been made for the defendant without evidence being heard, evidence which he could have put, should be entered as read.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Drawing_Up_Order\"><\/span>Drawing Up Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In drawing up the order, the registrar may, with the consent of the parties make such alterations as in his experience, he believes the courts would sanction and these may then become binding on the parties.<\/p>\n<p>The decision of an appellate court is embodied in its order.<\/p>\n<p>Orders are drawn up except in \u00a0certain limited categories, where they need not be drawn up unless the judge directs.\u00a0 Exceptions, include minor orders such as for amendment for \u00a0pleadings and for extension of time.<\/p>\n<p>Where an order is to be drawn up it will be put into effect on the production of a note or memorandum of the order, signed by the judge, master of registrar as the case may be.<\/p>\n<p>In common law practice, the person having \u00a0custody of the summons, notice or other documents on which the judge or master\\&#8217;s order is endorsed, is to lodge it within seven days with the requisite court office. \u00a0If it does not do so, any person affected by the order may give him notice requiring him to do so.\u00a0 On non-compliance, a person may apply to the master \/ registrar for delivery of the papers and for the costs of the application.\u00a0In chancery \/ equity practice, the position is as set out above.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Taking_Effect\"><\/span>Taking Effect<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A judgment is entered as of the date when it is pronounced, unless it is otherwise ordered.<\/p>\n<p>A judgment generally takes effect from its date.\u00a0 Interest runs from the date of entry. \u00a0In other cases, however service is necessary to make the judgment effective.<\/p>\n<p>Where an interlocutory judgment for damages to be assessed is made and entered, the amount of damages after being ascertained is added to the judgment entered. The whole judgment is dated the date on which the interlocutory order is entered.<\/p>\n<p>Where an order directs something to be done within a time limit and the order is not drawn up in due course, the order may be drawn up as of the date it was made, but extending the time limit until after service of the order.<\/p>\n<p>A judgment for the recovery of monies need not be served before seeking execution unless the order directs payment within a certain time after service.<\/p>\n<p>A judgment or order requiring a person to do an act must be served.\u00a0 It is usually endorsed with a warning or a penal notice that a person to whom it is directed, is required to obey it within the time for doing the act.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-3916\" data-postid=\"3916\" class=\"themify_builder_content themify_builder_content-3916 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Nature of Judgement A judgment or order in the broader sense, includes all decisions by the judge, master or registrar on questions and issues that arise between the parties in course of proceedings.\u00a0 In the present context, judgments and orders refer to final orders in civil cases, which decide the claim in dispute between the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[423,324],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/3916"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=3916"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/3916\/revisions"}],"predecessor-version":[{"id":36029,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/3916\/revisions\/36029"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=3916"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=3916"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=3916"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}