News & Insights

Let’s talk Civil – Settlement with Tomlin Orders

Tomlin Orders (sometimes referred to as Consent Orders) are becoming increasingly commonplace in light of the number of civil litigation cases settling before trial. Foskett Marr Gadsby & Head LLP addresses questions frequently asked by clients in relation to Tomlin Orders.

What is a Tomlin Order?

A Tomlin Order is used to record an agreement between the parties. It is signed by both parties and operates as a contractual document, which is legally binding on both parties. A Tomlin Order can contain obligations for the parties to carry out certain actions within a certain timeframe.

Why does the Court get involved with Tomlin Orders?

Tomlin Orders normally need to be filed at Court and require the Judge’s approval. If court proceedings are in place, the matter will be stayed once the Judge has approved the Tomlin Order. Given that the Tomlin Order is mutually agreed between the parties, the Judge will normally approve the Tomlin Order, provided that the Court fee is paid.

What happens if a party does not comply with a Tomlin Order?

Given that the Tomlin Order is a contractual document, if there is a breach of contract, the parties can enforce the terms of the Tomlin Order at Court without having to commence fresh proceedings.

Foskett Marr Gadsby & Head LLP regularly negotiates and drafts Tomlin Orders for clients. Please contact Richard Gordon at the Epping office (232-234 High Street) on 01992 578 642.