Tomlin orders – what are they?

During the course of a claim, parties can in some instances, make an offer to reach an agreement before the matter proceeds to trial in a bid to save both money and time.

In the event parties have reached a solution between themselves, it is of vital importance that the solution reached can be enforced by the court in case either party does not keep to the agreement in future.  This is generally enforced by what is known as a consent order; a document that is filed with the court that gives the court indication as to exactly what has been agreed.

A type of consent order is a Tomlin Order. Tomlin Orders include what the parties have agreed to in terms of settlement and also sets out that the parties are in a position to apply to the court again should the agreement not be enforced by either party, without the requirement of having to commence new proceedings.

Whilst Tomlin Orders are a form of a consent order, they are different to consent orders as they have certain features which a standard consent form does not. Namely, Tomlin Orders can contain ‘schedules’. These schedules highlights which information requires to be kept confidential thus the terms set out in the schedule are often kept confidential whereas consent orders are made available to the public. Another feature of this type of order is that in some instances, they may include orders that could surpass the courts powers, if so required.

Tomlin Orders normally need to be filed at Court and require the Court’s approval. Once approved, the parties will have an agreement in place that will be contractually binding. The key advantage to having this type of order in place is that parties are in a position to enforce the terms of the order should the order be breached and further, parties can safeguard themselves by keeping certain aspects of the agreement confidential.  

If you have any questions relating to this article or your would like more information on Tomlin Orders, contact Lawdit Solicitors today.

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