Tomlin orders

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

  • Tomlin orders
  • Tomlin orders—what are they?
  • Tomlin orders—the stay
  • 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 order schedule—Consumer Credit Act issues
  • More...

Tomlin orders

This Practice Note considers Tomlin orders, which are often used in settling 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 often kept 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 Precedent wording, 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, however, some of the different courts and divisions make very specific provision with regard to both drafting and approval of Tomlin orders and how to approach the schedule and issues of confidentiality. It is imperative therefore that you consider the specific rules and court guide provisions in which your claim is proceeding when drawing up the Tomlin order. Guidance is set out in Practice Note: Tomlin orders—court and court guide specific requirements and sample wording is provided in Precedent: Tomlin order.

This Practice Note

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