We won a judgment but the other side still has not paid
- 05.07.2026
We have reached an agreement in principle with the other side in our commercial case, and our lawyer asked whether we want a private settlement or a consent judgment. What is the practical difference and which is better for us?
A private settlement is a contract between the parties, often ending with the claim being discontinued. It stays confidential and can be tailored, but if a party breaches the agreement you would need to sue for breach or apply to enforce it. A consent judgment or consent order means the agreed terms are recorded by the court, giving them the force of a court order that can be enforced directly, such as by an attachment order or contempt proceedings, and they are usually recorded on the court file. Consent orders may be less private, although terms can sometimes be recorded in a confidential schedule. If enforcement risk is the main concern, a consent order or a payment mechanism secured by a guarantee can be preferable.
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