Q&As

Can a litigation friend agree to vary a Tomlin schedule on behalf of a defendant who is a minor? All parties agree to the amendment.

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Published on LexisPSL on 19/05/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can a litigation friend agree to vary a Tomlin schedule on behalf of a defendant who is a minor? All parties agree to the amendment.
  • Will the court vary the schedule to a Tomlin order?

Can a litigation friend agree to vary a Tomlin schedule on behalf of a defendant who is a minor? All parties agree to the amendment.

A Tomlin order is made up of two parts:

  1. a court order—which is a consent order between the parties that stays proceedings on agreed terms with liberty for a party to go back to the court to enforce the agreement in the event that one of the parties does not comply with it. This will be approved by the court. This is enforceable as a court order. In practice the order is kept short

  2. a schedule—the terms agreed by the parties are not set out in the court order but in a schedule attached to the order. The schedule is a contract between the parties as to what they have agreed to do. As a consequence the terms are not enforceable by the court as a judgment, rather contractual considerations would apply. The schedule is generally much longer than the order and frequently the terms of the agreement are detailed and may contain matters which go beyond the scope of the original dispute in the proceedings

The reason for using a Tomlin order is that the terms set out in the schedule will be kept confidential between the parties. See our Lexis® PSL Dispute Resolution Practice Note: Tomlin orders for further

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