The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note considers Tomlin orders, which are often used in the settling of litigation. A Tomlin order comprises a consent order and a schedule. It is used to stay proceedings on agreed terms. The terms set out in the schedule are confidential. This Practice Note explains the nature of confidentiality attaching to the schedule and sets out the distinctions between Tomlin orders and a standard consent order. Sample wording for a Tomlin order is provided together with links to Precedents, as well as guidance as to when court approval will be required. This Practice Note also looks at varying, setting aside and enforcing a Tomlin order, including considerations the court will take into account when dealing with applications in respect of each.
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Court Guides may also contain guidance and so where the matter is progressing in a court that has a court guide, consideration should be given to any relevant guidance within the applicable court guide. For further guidance, see: Court specific guidance below.
This Practice Note should be read in conjunction with Practice Note: Consent orders and judgments.
For guidance on settlement generally, including guidance on when and how to negotiate a settlement, interpreting settlement agreements and enforcing settlement agreements, see: Settlement and settling disputes—overview.
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