The applicant was party to a consent order, but appealed part of it which he now asserted was unlawful.
Held: It is settled law that a consent order could be varied where the whole order was vitiated because some or all of it was unlawful. Nevertheless in this case the term was not unenforceable, and the order was not to be varied.
Judges:
Justice Blackburn
Citations:
Times 17-Jan-2002, Gazette 27-Feb-2002
Jurisdiction:
England and Wales
Citing:
Cited – Huddersfield Banking Co Ltd v Henry Lister and Son Ltd CA 1895
A consent order, which had been completed and acted upon, but without affecting interests of third parties, was set aside by the Court upon the ground of common mistake of fact.
Kay LJ said: ‘A compromise takes place when there is a question . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Commercial
Updated: 21 June 2022; Ref: scu.167400