Consent orders

11.  Order 42 shall be amended as follows:—

(1) Rule 1(3) shall be amended by substituting, for the words “An order”, the words “Any order other than a consent order to which rule 5A applies”.

(2) After rule 5 there shall be inserted the following rule:—

““Consent judgments and orders in the Queen's Bench Division

5A.— (1) Subject to paragraphs (2), (3), (4) and (5), where all the parties to a cause or matter in the Queen's Bench Division are agreed upon the terms in which a judgment should be given, or an order should be made, a judgment or order in such terms may be given effect as a judgment or order of the Court by the procedure provided in rule 5.

(2) This rule applies to any judgment or order which consists of one or more of the following—

(a) any judgment or order for—

(i) the payment of a liquidated sum, or damages to be assessed, or the value of goods to be assessed;

(ii) the delivery up of goods, with or without the option of paying the value of the goods to be assessed, or the agreed value;

(iii) the possession of land where the claim does not relate to a dwelling-house;

(b) any order for—

(i) the dismissal, discontinuance or withdrawal of any proceedings, wholly or in part;

(ii) the stay of proceedings, either unconditionally or upon conditions as to the payment of money;

(iii) the stay of proceedings upon terms which are scheduled to the order but which are not otherwise part of it (a “Tomlin order”);

(iv) the stay of enforcement of a judgment, either unconditionally or upon condition that the money due under the judgment is paid by instalments specified in the order;

(v) the setting aside of a judgment in default;

(vi) the transfer of any proceedings to a county court, under sections 45, 50 or 67 of the County Courts Act 1959;

(vii) the payment out of money in court;

(viii) the discharge from liability of any party;

(ix) the payment, taxation or waiver of costs, or such other provision for costs as may be agreed;

(c) any order, to be included in a judgment or order to which the preceding sub-paragraphs apply, for—

(i) the extension of the period required for the service or filing of any pleading or other document;

(ii) the withdrawal of the record;

(iii) liberty to apply, or to restore.

(3) Before any judgment, or order, to which this rule applies may be entered, or sealed, it must be drawn up in the terms agreed and expressed as being “By Consent” and it must be indorsed by solicitors acting for each of the parties.

(4) This rule shall not apply to any judgment or order in proceedings which are pending in the Admiralty Court or in the Commercial Court or before an official referee.

(5) This rule shall not apply to any judgment or order in proceedings in which any of the parties is a litigant in person or a person under a disability.”