Ms Angela Denning:

They can. However, section 36(b)(2) of the new rules provide:

Where a consent order involves the striking out, dismissal or withdrawal (whether unilaterally prior to service, or on consent following service) of the proceedings, the order must be dealt with in open court and shall be accompanied by a written declaration by each applicant ... that the termination of the proceedings is not for the sole or improper purpose of securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person.