A consent judgment resolves a case by agreement, entered as a judgment of the court rather than as a private contract.
Why use one. Immediate enforceability by execution and contempt rather than by a new action for breach; a public record where deterrence matters; availability of post-judgment discovery; and preclusive effect.
Preclusion. A consent judgment is generally given claim preclusive effect according to the parties’ intent as expressed in it, and issue preclusion usually does not attach because nothing was actually litigated. The judgment should state what it resolves.
Court’s role. Limited where the parties are private and competent, greater where the public interest is implicated, where a class or minors are involved, or where the court is asked to retain jurisdiction and to enter injunctive obligations.
Retention of jurisdiction. Must be stated expressly in the dismissal or the judgment, or the court loses the power to enforce the settlement and the parties must sue on the contract.
Injunctive provisions must satisfy the specificity requirements, since they will be enforced by contempt.
Modification. On changed circumstances, on a standard that varies by whether the provisions are institutional or purely private.
Vacatur on later settlement is disfavoured, as with any judgment.