Consent order not a contract

Adobe Systems Incorporated v Netcom Online.co.uk Ltd and Anor [2012] EWHC 446 (Ch); 2 March 2012

It is settled law that, although a consent order reflected an agreement, it was not, of itself, a contract. It was like any other order, an order which had to be obeyed unless and until set aside. The court has jurisdiction to vary (or, it appeared, to set aside) an order, or part of it, which was void under the general law, including EU law, which was binding on the court. There is nothing in the EU cases which requires the domestic court to entertain new arguments or to receive new evidence in order to attack the resolution of issues which had been settled.