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Rule 42 Consent orders

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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”;

(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.