Article 48 Devolution: consent orders

After Order 22, rule 7, there shall be inserted the following new rule—

“Consent judgments and orders

7A

(1)

Where all the parties to an action or matter are agreed upon theterms in which a judgment or order to which this rule applies should begiven or made, a judgment or order in such terms may be entered as ajudgment or order of the court by the procedure provided in this rule.

(2)

This rule applies to any judgment or order which consists of one ormore of the following—

(a)

any judgment or order for—

(i)

the payment of a liquidated sum or damages to be assessed;

(ii)

the delivery up of goods with or without the option of payingtheir value whether suspended or not;

(iii)

the possession of land other than land which includes anyresidential premises or where the order is suspended;

(b)

any order for—

(i)

the stay of proceedings, either unconditionally or uponconditions as to the payment of money or upon terms which are scheduledto the order but which are not otherwise part of it (a“Tomlin order”);

(ii)

the dismissal of any proceedings, whether wholly or in part;

(iii)

the setting aside of a judgment entered in default;

(iv)

the transfer of proceedings to another county court;

(v)

the payment out of money in court;

(vi)

the discharge from liability of any party;

(vii)

the payment or waiver of costs, or such other provision forcosts as may be agreed;

(c)

any order, to be included in a judgment or order to which thepreceding sub-paragraphs apply, for—

(i)

the extension of the period required for doing any act;

(ii)

liberty to apply, or to restore.

(3)

This rule shall not apply to any judgment or order—

(a)

in Admiralty proceedings;

(b)

in proceedings in which one of the parties is a litigant inperson;

(c)

in proceedings in which one of the parties is a person underdisability;

(d)

relating to custody of or access to a child;

(e)

relating to the maintenance of or financial provision for a spouseor a child.

(4)

Before any judgment or order to which this rule applies may beentered in the records of the court, it must be—

(a)

drawn up in the terms agreed and expressed as being“By Consent”;

(b)

signed by the solicitors acting for each of the parties;

and the solicitor filing the judgment or order shall supply thenecessary copies for service under paragraph (5).

(5)

A copy of a judgment or order entered under paragraph (4) shall besealed and served by the proper officer on every party to theproceedings.

(6)

The proper officer shall refer to the district judge any judgment ororder presented for entry in the records of the court which iscontradictory or unclear in its terms, appears to fail to give effect tothe intention of the parties or is otherwise unsatisfactory.”.