1. Introduction
Court orders must accurately reflect what was decided in a hearing. However, errors are not uncommon when draft orders are prepared by solicitors and submitted to the court. If you find mistakes, knowing how to respond to draft order errors UK is essential to protect your rights and prevent enforcement of incorrect terms.
2. Why Draft Orders Contain Errors
Draft orders are usually written by the solicitor of the successful party and then approved by the judge. Errors can arise due to:
- Misunderstanding of the judge’s ruling.
- Clerical mistakes in names, dates, or figures.
- Missing directions or unclear instructions.
- Extra terms added that were never mentioned in court.
3. Why You Must Respond Quickly
Failing to respond promptly to errors can result in:
- The incorrect draft being sealed as a final order.
- Enforcement action based on wrong obligations.
- Missed deadlines or financial penalties.
- Extra costs in applying for corrections later.
4. First Steps in Responding to Draft Order Errors
If you believe the draft order is wrong:
- Compare the draft with your hearing notes or transcript.
- Identify specific errors (dates, figures, obligations, etc.).
- Contact the opposing solicitor in writing to request corrections.
- Keep a clear record of all communication.
5. Informing the Court About Errors
If the other party refuses to amend the draft:
- Write to the court within the set time (usually 7 days from receiving the draft).
- Provide details of the errors and what corrections are needed.
- Attach supporting evidence (your notes, transcripts, or hearing directions).
6. Correcting Clerical Errors – The Slip Rule
Under Civil Procedure Rule (CPR) 40.12, clerical errors can be corrected quickly under the slip rule. This covers:
- Typing mistakes.
- Incorrect dates or names.
- Figures recorded wrongly.
This process is simple, often requiring no hearing.
7. Responding to Substantive Errors
If the issue changes the effect of the judgment, you may need to:
- File an application (Form N244) to vary the draft.
- Request a hearing for the judge to review the case.
- Provide evidence showing the draft does not match the ruling.
8. Time Limits for Responding
- You usually have 7 days to respond to the draft order.
- Clerical errors can be corrected at any time under the slip rule.
- Appeals against substantive errors must be made within 21 days of the sealed order.
9. Risks of Not Responding
If you ignore draft order errors:
- The incorrect version may be sealed by the court.
- Enforcement could proceed on unfair terms.
- It may cost more to challenge later.
10. When to Seek Legal Help
Consider legal advice if:
- The error significantly changes your obligations.
- The other party disputes your corrections.
- You may need to file an appeal.
Frequently Asked Questions
1. Can I ignore an incorrect draft order?
No, ignoring it may result in the wrong version being sealed as binding.
2. How do I prove the draft is wrong?
Use hearing notes, transcripts, or court records as evidence.
3. Can the other party insert extra terms?
No, only the judge decides the terms. Any additions should be challenged immediately.
4. What if the court already sealed the incorrect order?
You can still apply under the slip rule or seek a variation, depending on the error.
5. How much does it cost to challenge draft order errors?
Clerical corrections are free, but formal applications to vary may carry a court fee.
6. Will challenging a draft delay enforcement?
Yes, enforcement is usually paused while the correction is under review.
Conclusion
If you encounter draft order errors UK, act fast. Start by raising issues with the opposing solicitor, then notify the court if necessary. Simple mistakes can often be fixed under the slip rule, but substantive issues may require a formal application or even an appeal. Prompt action ensures the order reflects the true decision of the judge and protects your legal rights.