Tomlin Order

A Tomlin order is a specific form of consent order in which the claim is stayed on agreed terms set out in a schedule to the order, with liberty to apply to carry those terms into effect. Named after Mr Justice Tomlin, it allows the parties to record detailed settlement terms without them appearing on the face of the order itself.

In practice

The key advantage of a Tomlin order is that the schedule terms can be enforced without issuing fresh proceedings: either party may apply to the court to enforce the schedule under the liberty to apply provision. If a party breaches the schedule, the other can restore the original claim. Tomlin orders are widely used in commercial litigation settlements where the terms are confidential.