Tomlin orders
Tomlin orders

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Tomlin orders
  • Tomlin orders—what are they?
  • Should I use a Tomlin order or a consent order?
  • Tomlin orders—confidentiality
  • Tomlin orders—drafting the order and schedule
  • Sample wording for a Tomlin order
  • Precedents for a Tomlin order and a settlement agreement
  • Tomlin orders—complex settlements/wide ranging settlements
  • Tomlin orders—is court approval required?
  • Tomlin orders—varying or revoking (general)
  • More...

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border considerations—checklist—Brexit—impact on CPR.

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

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