A consent order has the effect of a ‘judgment’ for the purposes of engaging the cost consequences in CPR 36.17 (Thomas v Secretary of State for the Home Department)
PI & Clinical Negligence analysis: The parties to a claim for unlawful detention agreed damages in the sum of £16,000. This was a sum higher than four Part 36 offers previously made by the claimant. The parties submitted a consent order recognising the agreed quantum in full and final settlement. The issue of costs was not agreed. The court held that the usual cost consequences in CPR 36.17 applied. The true effect of the consent order was to enter judgment in favour of the claimant. It was immaterial that the Order did not use the word ‘judgment’, that the order was agreed by way of settlement, or that there had not been a trial resulting in a judgment by a court. Written by Kyran Kanda, barrister at St Philips Chambers.