Orders after settlement Flashcards
What is a Consent Order?
It indicates that the parties agree to the terms it sets out and there is no need for the court to hear argument from both sides
Consent Orders streamline the resolution process by eliminating the need for court hearings when both parties are in agreement.
What are Tomlin Orders?
A consent order based on a contract that will rarely be interfered with by the court
Tomlin Orders consist of a public part and a confidential part detailing the agreement.
What does Part 1 of a Tomlin Order include?
Public part
Stays proceedings, permission to apply, detailed assessment of costs
This part is public and outlines the official order from the court.
What does Part 2 of a Tomlin Order include?
Confidential part
Cannot include directions for payment of money out of court or the payment and/or assessment of costs
It still needs the court’s approval.
This part details the confidential agreement between the parties.
What is a consent order not based on a contract?
This is simply the parties agreeing to terms of settlement in the claim that may be altered or varied by court
These types of consent orders are more flexible and can be modified by the court.
What legal defense may be available after a consent order is entered?
A defense of estoppel may be available if someone sues again
This prevents parties from re-litigating issues that have already been settled.
What happens if a settlement is reached while a stay is in place?
The consent order is treated also as an order to have the stay lifted
What is common regarding settlements before proceedings are issued?
Common for parties to resolve their dispute without the need to issue proceedings at all in which case there is no need for an order
When are Interim Applications and Consent Orders needed?
If longer extensions are needed, e.g., longer than 28-day extension to file exchange witness statements
How does the court consider applications for consent orders for interim applications?
The court considers the application on paper without a hearing
Is the court obliged to approve consent orders for interim applications?
No, the court is not obliged to approve such a consent order but probably will
Courts generally favor agreements between parties, especially when they are mutually beneficial.
