united-kingdom civil-law civil-procedure
How to ensure that the order drawn by a party is checked by another party?
<p><a href="https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40/pd_part40b#1.1" rel="nofollow noreferrer">https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40/pd_part40b#1.1</a></p>

<blockquote>
  <p>Drawing up and filing of judgments and orders
  1.1  Rule 40.2 sets out the standard requirements for judgments and orders and rule 40.3 deals with how judgments and orders should be
  drawn up.</p>
  
  <p>1.2  A party who has been ordered or given permission to draw up an order must file it for sealing within 7 days of being ordered or
  permitted to do so. If he fails to do so, any other party may draw it
  up and file it.</p>
  
  <p>1.3  If the court directs that a judgment or order which is being <strong>drawn up by a party must be checked by the court</strong> before it is sealed,
  the party responsible must file the draft within 7 days of the date
  the order was made with a request that the draft be checked before it
  is sealed.</p>
  
  <p><em>(emphasis mine)</em></p>
  
  <p>1.4  If the court directs the parties to file an agreed statement of terms of an order which the court is to draw up, the parties must do
  so no later than 7 days from the date the order was made, unless the
  court directs otherwise.</p>
  
  <p>1.5  If the court requires the terms of an order which is being <strong>drawn up by the court to be agreed by the parties</strong> the court may direct that
  a copy of the draft order is to be sent to all the parties:</p>
  
  <p>(1) for their agreement to be endorsed on it and returned to the court
  before the order is sealed, or</p>
  
  <p>(2) with notice of an appointment to attend before the court to agree
  the terms of the order.</p>
</blockquote>

<p>In the point 1.5 if the court order is drawn up by the court, it is to be agreed by the parties.</p>

<p>In the point 1.3 if the court order is drawn by the party, it is checked by the court. There is no mention of another party checking, agreeing, verifying.</p>

<hr>

<p>In my layman understanding that can create a situation where a party drafting the order is in an advantageous position because they can submit an order, without asking another party for approval.</p>

<p>Me being that "another party" - how to ensure that I also can approve the court order?</p>

<p>In section 1.3, what is contemplated is that a judge has given a ruling orally from the bench and directed one of the parties, usually the prevailing one, to commit it to writing. The other party can object to the court if the party committing the oral order to writing screws it up and misstates the court's bench ruling. But, we aren't too worried about a party misstating what the judge meant to say in an oral order from the bench that a party commits to writing, because if the order isn't what the judge meant to say, then the judge can decline to sign it in that form.</p>

<p>The party drafting the order has very little discretion since that party is bound and required to simply memorialize what a judge has already decided should be the outcome.</p>

<p>In section 1.5, in contrast, what is contemplated is that the parties have reached a stipulation in open court which the judge has committed to writing and the agreement of both parties is sought to confirm that the written order prepared by the judge to memorialize the stipulation of the parties accurately reflects what was agreed to orally. In this case, the judge is not in as good of a position to be sure that the judge's own written order accurately restates the oral agreement of the parties, because it wasn't the judge's idea in the first place.</p>

<p>Just to amplify ohwilleke's answer; Section 1.5 applies to a situation where the parties have reached agreement, and the court will seal an order (making the agreement effective) on receiving a note of the terms, signed by both parties.</p>

<p>Section 1.3 applies to the commoner situation where the court has made a ruling without agreement, and it needs to be formalized in an order that can be sealed. This was formerly done by a court official but is now done by one of the parties, usually a lawyer who can be trusted to take a proper note. This draft will be checked by the court (usually a court official, sometimes the judge if so directed) before sealing, so that the sealed order reflects what was actually directed, in the view of the court. Your approval, and what either party thinks should have been directed, are irrelevant.</p>
