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WHAT IS THE PROCEDURE FOR THE PREPARATION OF A JUDGMENT ?

Where the judgment in favor of a party is made and that party is represented by a solicitor, a copy of the draft judgment shall be submitted for approval to the solicitor of the other party, if any, who shall within 2 days of the receipt, return the copy with his or her signed consent or any required amendments.

Where the solicitor fails to return the copy of the draft within the time prescribed, he or she is deemed to have consented to the terms of the judgment.

If both parties' solicitors are unable to agree upon the draft, any one of them may obtain an appointment before the Court Registrar, of which notice shall be given to the order to settle the terms of the judgment.

Judgment will be settled by the Court Registrar except in the case of a judgment made by a Judge, where any party may require the matter in dispute to be referred to the Judge for his or her determination.

The draft judgment will be submitted by the Court Registrar if the other party has no solicitor.

The party requesting for the judgment to be entered must draw up the judgment and present it to the proper officer of the Court Registrar for entry.

The proper officer shall on entering such judgment file the judgment and return a duplicate copy to the party who presented it for entry.

The judgment must be drawn up by the party in whose favor the order has been made and if that party fails to draw up the order within 7 days after it was made, any other party affected by the order may draw it up.

If at the time when the judgment is given, and the money payable is directed to be paid by installment, the direction must be inserted in the judgment.

When a judgment is passed by the Court Registrar, the judgment will be sealed with the seal of the Court, and shall return to the party producing it and the copy shall be lodged in the Court Registry.

Duplicate of a judgment may be in carbon copy of the original. Photographic copy or other similar process may be excepted only if the Court Registrar so directs.

Duplicate of the judgment must also be sealed and includes the number of the judgment, date of entry and the amount of any stamp on the original.

Where the original judgment is required to be produced or served, it shall be sufficient to produce or serve the duplicate.

A further duplicate copy of the judgment may be issue on payment of the prescribed fee, if the Court Registrar is satisfied that the duplicate has been lost and that the applicant for a further duplicate is entitled to it.

WHAT CAN BE DONE IF A PERSON FAILS TO COMPLY WITH THE JUDGMENT ?

Where a person against whom the judgment is made fails to comply with the judgment for payment of money, or for the delivery of any movable property or payment of their assessed value or for the giving of possession of immovable property, not being a judgment for the payment of money in Court, the party who obtained judgment may enforce the judgment by one or more of the following means:

• writ of execution
• garnishee proceedings
• order of committal
• Prohibitory Order
• judgment debtor summons
• bankruptcy - individual
• winding-up - company

Enforcement of judgment may not be instituted if your judgment has lapsed 6 years or more since the date of the judgment, unless with the leave of the Court.

A judgment for the payment of money into Court may be enforced, by

• order of committal