§ 26 — Enforcement of settlement agreements

26.—(1) Any party to a settlement agreement mentioned in section 23 or 24 may, in relation to a dispute in respect of which the settlement agreement was entered into and for which no proceedings have been commenced in a court, with the consent of all the other parties to that settlement agreement, apply to record the settlement agreement as an order of court.(2) The application must —(a)

be made to the court within whose jurisdiction the subject matter of the dispute would fall; and

(b)

be accompanied by an affidavit by the applicant setting out or exhibiting the settlement agreement, and the consent of all the other parties to the settlement agreement for the settlement agreement to be recorded as an order of that court.

(3) Subject to subsection (4), the court may record the settlement agreement as an order of court if the settlement agreement —(a)

is in writing and signed by or on behalf of all the parties to the settlement agreement; and

(b)

contains any information that may be prescribed by rules made under section 33.

(4) The court may refuse to record the settlement agreement as an order of court if —(a)

the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;

(b)

any term of the settlement agreement is not capable of enforcement as an order of court; or

(c)

the recording of the settlement agreement as an order of court is contrary to public policy.

(5) A settlement agreement that is recorded under this section as an order of court may be enforced in the same manner as a judgment given or an order made by the court.

—(1) Any party to a settlement agreement mentioned in section 23 or 24 may, in relation to a dispute in respect of which the settlement agreement was entered into and for which no proceedings have been commenced in a court, with the consent of all the other parties to that settlement agreement, apply to record the settlement agreement as an order of court.

(2) The application must —(a)

be made to the court within whose jurisdiction the subject matter of the dispute would fall; and

(b)

be accompanied by an affidavit by the applicant setting out or exhibiting the settlement agreement, and the consent of all the other parties to the settlement agreement for the settlement agreement to be recorded as an order of that court.

(3) Subject to subsection (4), the court may record the settlement agreement as an order of court if the settlement agreement —(a)

is in writing and signed by or on behalf of all the parties to the settlement agreement; and

(b)

contains any information that may be prescribed by rules made under section 33.

(4) The court may refuse to record the settlement agreement as an order of court if —(a)

the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;

(b)

any term of the settlement agreement is not capable of enforcement as an order of court; or

(c)

the recording of the settlement agreement as an order of court is contrary to public policy.

(5) A settlement agreement that is recorded under this section as an order of court may be enforced in the same manner as a judgment given or an order made by the court.