Consent Order in UK Law

Leading Cases
  • Siebe Gorman & Company Ltd v Pneupac Ltd
    • Court of Appeal (Civil Division)
    • 12 October 1981

    In such a case the court will only interfere with such an order on the same grounds as it would with any other contract. The other meaning is this: The words "by consent" may mean "the parties hereto not objecting". In such a case there is no real contract between the parties. The order can be altered or varied by the court in the same circumstances as any other order that is made by the court without the consent of the parties.

  • Thwaite v Thwaite
    • Court of Appeal (Civil Division)
    • 29 January 1981

    In giving the advice of the Judicial Committee, Lord Diplock, at page 560, said this:—"Financial arrangements "that are agreed upon between the parties for the purpose of receiving "the approval and being made the subject of a consent order by the "court, once they have been made the subject of a court order no longer "depend upon the agreement of the parties as the source from which their "legal effect is derived.

  • Minton v Minton
    • House of Lords
    • 23 November 1978

    There are two principles which inform the modern legislation. One is the public interest that spouses, to the extent that their means permit, should provide for themselves and their children. The law now encourages spouses to avoid bitterness after family break-down and to settle their money and property problems. An object of the modern law is to encourage each to put the past behind them and to begin a new life which is not overshadowed by the relationship which has broken down.

  • Purcell v F. C. Trigell Ltd
    • Court of Appeal (Civil Division)
    • 22 June 1970

  • Re F (A Minor) (Custody: Consent Order: Procedure)
    • Court of Appeal (Civil Division)
    • 01 November 1991

    This court cannot entertain an appeal against a perfected and subsisting order by a party who is expressed to have consented to it. Moreover, the lower court has ex hypothesi not adjudicated on the validity of its own order, so that there is nothing to be brought up for question in a court of appeal. The only remedy is to commence a fresh proceeding at first instance to set the order aside.

  • Barder v Caluori
    • House of Lords
    • 20 May 1987

    The first condition is that new events have occurred since the making of the order which invalidate the basis, or fundamental assumption, upon which the order was made, so that, if leave to appeal out of time were to be given, the appeal would be certain, or very likely, to succeed. The second condition is that the new events should have occurred within a relatively short time of the order having been made.

  • Jenkins v Livesey (formerly Jenkins)
    • House of Lords
    • 13 December 1984

    It follows necessarily from this that each party concerned in claims for financial provision and property adjustment (or other forms of ancillary relief not material in the present case) owes a duty to the court to make full and frank disclosure of all material facts to the other party and the court. This principle of full and frank disclosure in proceedings of this kind has long been recognised and enforced as a matter of practice.

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Books & Journal Articles
  • Yes, no, possibly, maybe: Community sanctions, consent and cooperation
    • No. 6-3, December 2014
    • European Journal of Probation
    • 0000
    This article explores the significance of consent to community sanctions and measures. The value of consent derives from the principle of autonomy and rights to freedom and dignity. While normally ...
    ... ... The origin of consent to the  probation order and other community penalties in England and Wales is outlined – the  reason why it was originally expected and why it was eventually abolished ... ...
  • Giving as a Mechanism of Consent: International Aid Organizations and the Ethical Hegemony of Capitalism
    • No. 17-2, June 2003
    • International Relations
    • 0000
    What is the connection between international aid organizations (IAOs) and the transnationalization of capitalism? This article diverges from neo-Gramscian accounts of ...
    ... ... what Philip Corriganand Derek Sayer call moral regulation, or the disciplining and conforming of recipientsto the new transnational capitalist order. More specifically, this article argues that theextension and acceptance of the gifts of multilateral and non-governmental IAOs is amechanism of ... ...
  • Consent to probation in England and Wales: How it was abolished, and why it matters
    • No. 6-3, December 2014
    • European Journal of Probation
    • 0000
    Much of probation theory and probation training in Britain during the 1980s emphasised the importance of ‘contracts’ or negotiated agreements between probation officers, probationers and the senten...
    ... ... However, the legal  requirement of consent to a probation order was abolished in 1997, partly because it was  seen as diminishing the authority of the Court. This article discusses the arguments and  ... ...
  • The Democratic Paradox and Cosmopolitan Democracy
    • No. 34-1, August 2005
    • Millennium: Journal of International Studies
    • 0000
    Democracy's narrative on the source of legitimate political power contains a fundamental paradox which surfaces most clearly whenever there is an attempt to inaugurate a new democratic order. The n...
    ... ... clearlywhenever there is an attempt to inaugurate a new democratic order.The new order is meant to be founded upon the consent of anauthority the ... ...
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