Consent Orders

What is a Consent Order?

A consent order officially records the details of an agreement or settlement between the parties involved in a case. It is then put before the court to approve and so make it a legally binding agreement.

If a consent order is submitted when no other orders have been made or a court hearing has not taken place, i.e. the parties have negotiated an agreement via mediation or some other form of dispute resolution, it must be shown that the respondent agrees with the contents of the consent order and this is usually done in the appropriate court application form.

Who writes a consent order?

It is normal for either a barrister or a solicitor to write the consent order, either as the result of a court hearing or of a negotiated settlement. It is extremely important for the wording of a consent order to be in the correct legal format as it can have serious implications if it does not. For example it must contain “BY CONSENT IT IS ORDERED BY” and it has been known for solicitors to miss this out. That’s why it’s vital to use an experienced solicitor or barrister. At Routh Clarke the majority of our work concludes with a consent order and so we can ensure your consent order is exactly as it should be and completely legally binding.

Can a consent order be set aside?

Consent orders cannot easily be set aside, however, it is possible when it can be shown the agreement was reached on the basis of:

  • A serious error by one of the parties
  • The result of fraud or misrepresentation
  • Non-disclosure of material facts

Routh Clarke and consent orders

If you need help to with the drawing up of a formal consent order or would like advice on the possibility of having one set aside call us now to hear how we can help you.