Consent order

A way to turn an agreement you reach with the other side into a court order the court will enforce — rather than just a private promise that depends on trust.

Is a consent order the same as a judgment?

For enforcement purposes, yes. Once the court seals a consent order, it has the same legal force as a judgment reached after a hearing. If the other side does not pay, you can use the normal enforcement methods — a warrant of control, an attachment of earnings order, or a charging order — without having to prove your case again from scratch.

Can I get a consent order without going back to court?

Usually, yes. Under CPR 40.6, if all parties sign a written agreement setting out the terms, you can file it with the court and ask for it to be sealed as a consent order without attending a hearing. The court still has to be satisfied the order is one it has power to make, but straightforward money agreements are normally approved on the papers.

What happens if the other side breaks a consent order?

You enforce it the same way as any other judgment. If they miss a payment under an instalment plan, you do not need to start a new claim — you can apply for enforcement of the outstanding balance under the existing order, which is usually much quicker than proving the underlying debt over again.

Can a consent order be changed after it is sealed?

Only by fresh agreement between the parties, or by a court application if circumstances genuinely change — for example, an application to vary the instalments because of a change in the paying party's income. The court will not rewrite agreed terms lightly, since the whole point of a consent order is that both sides agreed to it.

Will a consent order appear on the Register of Judgments, Orders and Fines?

Generally, if the order itself states a sum of money that must be paid, it is treated like any other money judgment and can be registered in the same way as a CCJ if it is not paid within 30 days. A Tomlin order, which stays the claim on terms set out in a confidential schedule rather than stating a judgment sum in the order itself, is usually treated differently. If this distinction matters to you, check the exact wording before you agree it.

Do I need a solicitor to get a consent order?

No. Litigants in person regularly file consent orders themselves — you and the other party (or their representatives) sign the agreed terms and file them with the court using the correct form. Court staff can tell you which form applies to your type of claim, but they cannot advise you on what the terms should say.

Why a consent order matters more than a private agreement

Settling a claim by agreement — over the phone, by email, or at a mediation session — feels like the end of the dispute. But a private agreement is only a contract. If the other side stops paying, you cannot use the court's enforcement powers against a contract on its own — you would generally have to bring a fresh claim for breach of that agreement, proving the whole thing over again.

A consent order changes that. Once the agreed terms are filed with the court and sealed, they become an order of the court, not just a private promise. If the other side does not comply, you can go straight to enforcement — a warrant of control, an attachment of earnings order, or a charging order — using the same machinery available for any other judgment debt.

How a consent order is made

• This can happen at any stage — before a hearing, during mediation, or even on the day of the hearing itself.
• Put the terms in writing.
• Set out exactly what is owed, by when, and what happens if a payment is missed. Vague wording is harder to enforce later.
• All parties (or their representatives) sign the agreement, which is then filed with the court that is dealing with the claim.
• Provided the order is one the court has power to make, it is sealed without needing a hearing, and becomes enforceable in the normal way.

A claimant sues a builder for £4,200 for defective work. The case is listed for a small claims hearing, but three days beforehand the builder agrees to pay in six monthly instalments of £700. Both sides sign a consent order recording the sum and the instalment dates, and file it with the court, which seals it without a hearing.

Outstanding after 2 missed payments

Payments run on time for two months, then stop. Because the agreement is a sealed consent order rather than a private arrangement, the claimant can apply straight for enforcement of the outstanding £1,400 — there is no need to issue a fresh claim to prove the debt again.

County Court Judgment (CCJ)

Civil Procedure Rules, Part 40

Consent Order — Small Claims Glossary

What a consent order is, how it turns an agreed settlement into an enforceable court order, and what to check before you sign one.