Does a consent order require N244?

[Bowlofcherries]

Does anyone know if lodging a consent order requires the completion of a form N244, plus fee? It’s no longer possible to speak to my local court by telephone, unfortunately.

[atticus]

Basically, yes.

[Pezza54]

Please read cpr 40.6 (1), (2) and (3)

I'm not sure a N244 application notice is required if the consent order is listed in (3)

A court officer may enter and seal a consent order if the order is listed in (3), none of the parties is a litigant in person, and the approval of the court is not required by these rules (cpr 40.6 (2) (a) (b) and (c))

[Bowlofcherries]

Please read cpr 40.6 (1), (2) and (3)

I'm not sure a N244 application notice is required if the consent order is listed in (3)

A court officer may enter and seal a consent order if the order is listed in (3), none of the parties is a litigant in person, and the approval of the court is not required by these rules (cpr 40.6 (2) (a) (b) and (c))

Thank you. I did read that section, but I was thrown by the fact that there is no ‘and’ at the end of (2) (a):

(1) This rule applies where all the parties agree the terms in which a judgment should be given or an order should be made. (2) A court officer may enter and seal an agreed judgment or order if— (a)the judgment or order is listed in paragraph (3); (b)none of the parties is a litigant in person; and (c)the approval of the court is not required by these Rules, a practice direction or any enactment before an agreed order can be made.

[Pezza54]

To me it reads as "and" otherwise the word "or" would have been inserted at the end of (a)

[Pezza54]

Please also read Practice Direction 40B - Judgements and Orders

3.3 (1) covers the consent judgement and orders that require an application notice

[Pezza54]

If you want the agreement to be confidential, then a Tomlin Order may be more appropriate

I think the current fee for submitting a consent order to the county court is £50 but you should check this with court staff

[Bowlofcherries]

If you want the agreement to be confidential, then a Tomlin Order may be more appropriate

I think the current fee for submitting a consent order to the county court is £50 but you should check this with court staff

It’s gone from court staff telling me that the fee is £0 to court staff telling me that the fee is £123.00.

[atticus]

£123 is more like it. Check the current fee scale - form EX50.

[Pezza54]

All very confusing
Practice Direction 40 B
3.3 Where a consent order does not fall under rule 40.6(2):
3.3 (1) an application notice requesting a consent order should be filed with the draft order to be entered or sealed. An application notice (form N244) under 3.3 (1) would incur a court fee of £123

So what is the court fee for a consent order falling under 40.6(2) that does not require an application notice? £0?

[Pezza54]

Please read the article "Consent order cost" at www.nicolawilliams.co.uk
The court fee appears to have increased to £58