--(1) This rule applies where all parties agree the terms in which judgment should be given or an order made.
--(2) Except as provided by paragraphs (3) and (4), it applies to the following kinds of judgment or order:
----(a) a judgment or order for-
--------(i) the payment of a debt or damages (including a judgment or order for damages or the value of goods to be assessed); or
--------(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;
----(b) an order for-
--------(i) the dismissal of any proceedings, wholly or in part;
--------(ii) the stay of proceedings on terms which are attached as a schedule to the order but which are not otherwise part of it (i.e. a 'Tomlin Order');
--------(iii) the stay of enforcement of a judgment, either unconditionally or on condition that the money due under the judgment is payable on a stated date or by instalments specified in the order;
--------(iv) the setting aside of a default judgment under Part 13;
---------(v) the payment out of money which has been paid into court;
--------(vi) the discharge from liability of any party; or
--------(vii) the payment, assessment or waiver of costs, or such other provision for costs as may be agreed;
----(c) any order for the extension of time for serving or filing any statement of case or other document, other than-
--------(i) an order for the extension of time for serving a statement of case under Part 8;
--------(ii) an order for the extension of time for filing a defence under Part 10 for longer than three months;
--------(iii) an order for the extension of time for filing a listing questionnaire under Part 27;
--------(iv) an order to vary the date fixed for the return of a listing questionnaire under Part 27; or
--------(v) any other order where the court has made an order in terms which prevent an extension of time by consent in relation to the step in question; and
----(d) any order to restore proceedings or allowing a party to apply to vary the order.
--(3) Paragraph (2)(c) is subject to rule 27.9 (which provides that the party may agree to vary dates set by the court or these Rules for doing any act, except the acts specified under rule 27.9(1), provided the variation does not make it necessary to vary the dates fixed for doing those acts).
--(4) This rule does not apply-
----(a) where any party is a litigant in person;
----(b) where any party is a minor or patient; or
----(c) in admiralty proceedings.
--(5) This rule does not allow the making of a consent order by which any hearing date fixed by the court is to be adjourned.
--(6) Where this rule applies the order must be-
----(a) drawn in the terms agreed;
----(b) expressed as being `By Consent';
----(c) signed by the attorney-at-law acting for each of the parties to whom the order relates; and
----(d) filed at the court office for sealing and rule 43.5 (drawing and filing of judgments and orders) will apply as it applies to all other orders.
Notes
Amended by Legal Notice 233 of 2005.
Back to Part (43. Judgments and Orders)