Chancery Orders in Chancery District Registries
Introduction
1. With effect from 2 January 2015 Chief Master Marsh issued (with the authority of the Chancellor) a Practice Note entitled Chancery Division – production of orders for Master and Judges
2. The Practice Note did not make explicit that it was directed to Chancery Judges and to Masters sitting in The Rolls Building, and the revisions in practice were not intended to be implemented in Chancery District Registries.
3. Subject to further direction from the Chancellor the Practice Note has no direct application to the Chancery District Registries at Manchester, Liverpool, Preston, Leeds or Newcastle. In particular, the revised arrangements for the production and service of orders do not apply.
4. The Practice Note does, however, adapt procedures that already exist in the Chancery District Registries, and contains much sound advice, so that it will be possible to establish a significant degree of uniformity of practice. The Practice Note will also inform the drawing of orders made in the County Court Chancery Business List.
5. It will continue to be the practice that (unless the Court otherwise specifically directs, as it will in the case of committal orders and may in cases involving litigants in person) it is the responsibility of the parties to prepare a draft order and to submit it in agreed form for approval within seven days.
6. Draft orders should usually be lodged in MS Word format which enables minor changes to be made without either the court retyping the order or it being returned to the legal representative for amendment.
7. All draft orders provided to the court should be in the form set out in Appendix 1, subject only to such amendments as circumstances require. A copy of the Appendix (adapted for District Registries) is annexed.
8. The draft order must include:
(a) the title and number of the proceedings;
(b) the name of the Judge or District Judge: Mr/Mrs Justice [name]; His/Her Honour Judge [name] [(sitting as a judge of the HighCourt)]; District Judge or Mr/Ms Recorder [name];
(c) the date of the order;
(d) if the order is made at a hearing, the names of the advocates and/or those given permission to address the court (NB this is a change from current practice).:
(e) Back sheets are not needed and must not be provided.
(f) Service arrangements in District Registries will remain as at present. Where an order is (drawn and) served by the court the service note will say “The court has sent sealed copies of this order to:” followed by the identity of the parties to whom the order has been sent.
Consent orders (including Tomlin orders)
9. A consent order lodged by solicitors will only be accepted by the court and referred to the Judge or Master for approval if:
(a) the word “draft” or “minute” does not appear in the order and the title and preamble are in the correct format;
(b) the signed order, together with a “clean” copy of the order in MS Word format excluding the signature provisions, is submitted by e-mail;
(c) the email contains an undertaking that the court fee will be paid within 2 working days;
If these requirements are not complied with, the consent order may not be accepted and may be returned. An order lodged correctly will be referred to the Judge or District Judge for approval but will not be sealed until the court fee has been paid.
If a consent order requires amendment because the terms of the order are not approved by the court, the order will normally be returned for re-drafting. If the
changes are minor the Judge or Master may choose to make the necessary amendments and approve the order. In cases of real urgency, a party may request a Judge or Master to approve a consent order at an Application without Notice hearing provided that the consent order and two clean copies are provided and the court fee has been paid.
In the case of Tomlin orders with a confidential schedule, the schedule should not be lodged with the court. The order must identify clearly the agreement which forms the schedule and where it is held.
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APPENDIX 1
IN THE HIGH COURT OF JUSTICE Claim no 123456
CHANCERY DIVISION
MR/MRS JUSTICE [NAME]
OR HIS/HER HONOUR JUDGE [name] (sitting as a Judge of the High Court)
OR DISTRICT JUDGE [NAME]
[DAY/MONTH/YEAR]
BETWEEN:
ABCD
Claimant
And
(1) EFG
(2) HIJ
Defendant(s)
___________
Order
___________
UPON THE APPLICATION[1] of [party] by notice dated […]
AND UPON HEARING [names of the advocates and/or those given permission to address the court] for the Claimant and [names] for the First Defendant and the Second Defendant [in person] [with the assistance of [name] as a McKenzie friend]
IT IS ORDERED THAT:
- [X]
- [Y]
To: [party or representative]
And to: [party or representative]
[1] Alternatively “UPON the Application of [party] by Part 8 Claim Form dated” or in the case of a Part 7 Claim “UPON THE TRIAL of this claim..”