11th September 2007, 11:49 PM
Re: our courts and lawyers, teacher to pay thousands...
hi all, guess i missed a big party out here. :P
anyways, if it helps, I believe the issue in that case is whether a Settlement Judge has the power to make an order of court. The judge in that case was not a District Judge.
after this case, what happens in the CDR circuit is that after orders are made, they are then recorded/ endorsed by another judge who has the powers to do so. this is the rectification that they did to prevent similar issue arising.
it is very unusual for a plaintiff in a motor accident claim to apply for writ of seizure and sale and that could be why the defendant's insurers took the unusual step of questioning the settlement judge's powers, when for years, parties have proceeded on the basis that they had such powers.