Tomlin Order

Tomlin Order

A Tomlin Order is a type of Order used to stay a claim. The Tomlin Order is negotiated and agreed by the parties and the terms of the Order are included in a schedule.

If either party does not comply with the terms of the Order, they have the right to make an application to the Court to enforce it. The terms set out in the negotiations and included in the schedule to the Order will remain confidential and will not be able to be accessed by other parties. Within the Order is usually a term stating that both parties agree to keep the terms of the Order confidential with the exception of the legal advisors or any other specified third parties.

Tomlin Orders originated from a decision made by High Court judge Mr Justice Tomlin in the case of Dashwood v Dashwood [1927]. Justice Tomlin envisaged that the Order would keep the proceedings alive for the sole purpose of one of the parties enforcing the terms against the other in the case of non-compliance.

Justice Tomlin was so happy with his new invented Order that he released a practice direction the next day which laid out the form these new Tomlin Orders are to take.

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