Rule 33.40 Consent ordersI1

England and Wales

(1)

This rule applies where all the parties to restraint proceedings or receivership proceedings agree the terms in which an order should be made.

(2)

Any party may apply for a judgment or order in the terms agreed.

(3)

The Crown Court may deal with an application under paragraph (2) without a hearing.

(4)

Where this rule applies—

(a)

the order which is agreed by the parties must be drawn up in the terms agreed;

(b)

it must be expressed as being ‘By Consent’; and

(c)

it must be signed by the legal representative acting for each of the parties to whom the order relates or by the party if he is a litigant in person.

(5)

Where an application is made under this rule, then the requirements of any other rule as to the procedure for making an application do not apply.

Annotations