Consent orders and judgments

by Practical Law Dispute Resolution

A practice note that describes the principal types of consent orders and judgments, including simple consent orders and Tomlin orders, and the circumstances in which they may be appropriate. This note outlines how a consent order is made, including the requirements for a valid order under the Civil Procedure Rules (CPR) and whether court approval is necessary. It also considers the court's power to vary or set aside consent orders and the methods for enforcing them. The guidance addresses key practical considerations, including the impact of an order on the fixed recoverable costs (FRC) regime, its implications in qualified one-way costs shifting (QOCS) cases, and the risk that the Consumer Credit Act 1974 may apply to a settlement agreement. This practice note also examines the compatibility of Tomlin orders with open justice and the challenges surrounding confidentiality when drafting settlement terms.