ConsumerWiki - Tomlin order

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Tomlin Orders

A Tomlin order is an order of the Court staying an action on terms agreed by the parties and set out in a schedule to the order (named after Mr Justice Tomlin, dating from 1927).

A 'Tomlin Order' is a form of consent order for settling a dispute which comprises a stay of proceedings on terms contained in a schedule to the order. A Tomlin Order is usually made when proceedings are compromised on terms that are complex or are such that the parties wish to prevent them from becoming public. The schedule to the document is not a public document.

It is very likely that a deal may be contained in a Tomlin Order.

There are certain things which the judge has no power to order - a confidentiality agreement, say.

There may even be difficulties about ordering the removal of your name from the credit register. In this case, a Tomlin order may be the way forward. This is a written agreement drawn up between the two parties whereby they agree to pay or to accept money, confidentiality, removal of name from register or whatever you have agreed - including the suspension of all legal action.

The written agreement is put before the judge who will record it and give it the approval of the court. It is a kind of court approved contract between the parties. If one of the parties doesn't carry out their side of the bargain - then, Hi ho, Hi ho - It's off to court we go!

Notice that if a Tomlin Order is not adhered to, then there is no judgment in default, it is just that the case is no longer suspended and you can go back and carry on pursuing your claim.

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