Consent Orders | 2 Things you need to know

5 December 2019

During civil litigation, it is quite common for the parties to be encouraged by their lawyers and even by the courts to reach agreements that can enable them to settle the matter without necessarily going to a final hearing.

This can go a long way in saving the parties the costs associated with lengthy judicial battles.

When such an agreement is reached, a consent order has to be drafted and approved by a judge.

Once this is done, the agreement binds all the concerned parties. Below is a discussion of the main types of consent orders, as explained by our law tutors in London.

Typical Consent Order

A typical consent order is a straightforward agreement comprising the arrangements that have to be implemented in order to settle a dispute.

For instance, if a case involves a debt action, the consent order will highlight the amount to be paid and the date by which the debt has to be cleared.

However, if one of the parties fails to honour their part of the order, the offended party will have to file a new case in court.

Tomlin Consent Orders

Under the Tomlin consent orders, the agreement simply stays the court action on condition that the parties are going to stick to the terms of the agreement.

Therefore, if one of the parties fails to honour their part of the agreement, the court action can continue, and there is no need to file a new case.

The Bottom Line

Clearly, it is apparent that parties to a civil case can decide to save themselves from the cost of going to a full trial through consent orders.

If you would like to learn more about the role of consent orders in civil litigation, Advanced Law Tutors is the best place to find a reliable private tutor to assist you.