Source: All England Reporter
Publisher Citation: [2005] All ER (D) 153 (Apr)
Neutral Citation: [2005] EWCA Civ 405
Court: Court of Appeal, Civil Division

Ward and Rix LJJ

Representation George Laurence QC (instructed by Jacksons) for the claimants.
  Charles Auld (instructed by Thring Townsend) for the defendant.
Judgment Dates: 14 April 2005


Practice and procedure - Consent order - Setting aside - Application to set aside consent order on ground of uncertainty.

The Case

In theory it was possible that a consent order might be declared void for uncertainty, just as a consent order might be set aside for misrepresentation or fraud or for mistake. However, given that the court was always on hand to lend its assistance in the working out of its orders or in their clarification, it could not be a mere difficulty in interpretation or execution that could undo what with due formality had been entered as an order of the court in settlement of litigation before it.

Practice Areas

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