Civil Litigation study materials
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Civil Litigation: Judgments, Orders and Enforcement

Civil Litigation · Work through your exam, one topic at a time.

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Judgments, Orders and Enforcement

Judgments, orders and enforcement

This domain tests how a court finalizes a case and how a successful party collects. Expect questions on default judgment, summary judgment, res judicata, issue estoppel, setting aside orders and enforcement mechanisms.

Core rules

  • A judgment determines the substantive rights; an order directs a party to do or refrain from doing something. Default judgment may be entered if a defendant fails to respond, but it can be set aside on showing a defence with merit and a reasonable explanation for the default.
  • Res judicata prevents relitigation of the same cause of action. Issue estoppel prevents relitigation of an issue decided in earlier proceedings.
  • Enforcement tools include garnishment of debts owed to the debtor, writs of seizure and sale, examination in aid of execution and contempt proceedings for breach of orders.
  • A judgment creditor cannot enforce before the judgment is final and enforceable, subject to stay.

Worked example

A defendant is noted in default because the claim was served at an old address. The defendant moves to set aside the default judgment, showing a meritorious defence. The court sets aside the judgment because service was inadequate and the defendant moved promptly, with a real defence to the claim.

Traps

  • Enforcing an order that is under appeal without a stay.
  • Assuming default judgment is final and immune from set-aside.
  • Garnishing a debt that the garnishee does not owe.
  • Ignoring limitation periods for enforcement.