Who writes up a consent order for CAO??

[Oneofmany]

As the applicant in a CAO process, whos legal representative would write up a consent order if an agreement can be reached?? I assume it would be mine, but I've learnt not to assume anything anymore.

Thanks

 

[nothernsoul]

I'm almost certain that the applicant, as long as you have legal representation, will write up the order for approval.

 

[Ash]

If you both have legal representatives, it would yours (assuming it's a solicitor or a barrister). If you don't have legal representation then it would be the other party's lawyer.

It can be a good idea to get a draft order drawn up, with everything you want on it, including particular wording, and take that with you to the hearing. It can be used for negotiations and points added or amended on the day. So then order wording is agreed at the hearing. Because one issue can be, after a hearing, that your lawyer writes up the order, and sends it to the other party's lawyer for approval and they start messing about and won't approve it and won't agree the wording etc. It happened to me and after that (I had to return to court), I said I wanted the order writing up on the day of the hearing and leaving for sealing - that isn't always possible, but at least if you have a draft order with you, no one can argue that it wasn't agreed.