Tomlin Orders: When Are They Used?

Matters of litigation often see the resolution of disputes without the parties ever seeing the inside of a court room. Many are able to settle their claims before trial, typically through pre-action letters. However, when there is a claim in motion but you’ve agreed to settle it, you need to notify the court that the dispute has come to an end. In most cases you can use a consent order to record the agreement, but there are cases where you might need a Tomlin Order.

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What is a Tomlin Order?

A consent order will usually record evidence of the settlement of a dispute. These documents effectively pause further proceedings, but they may not include all the agreed terms of the settlement. We set out these terms in one of three ways:

• In a schedule at the end of the consent order
• As a settlement agreement annexed to or accompanying the order
• In a separate, clearly identified document

We typically use consent orders for more straightforward claims, with Tomlin Orders reserved for more complex ones.

What are the benefits of using a Tomlin Order?

Tomlin Orders have a variety of benefits, but one notable benefit is that they don’t need to include a judgment. Consent orders normally use wording like ‘judgment for the claimant in the sum of XYZ’, which clearly sets out a ‘winner’ and a ‘loser’ in the dispute.

This is important as a defendant for 3 reasons:

• You may be able to agree to more flexible payment terms than in a County Court Judgment (CCJ)
• You can avoid the ‘black mark’ a CCJ puts on you or your business’ credit rating
• If your employment is reliant on you not having any judgments against you, Tomlin Orders can avoid this

The wording of a Tomlin Order usually is neutral, stating that an agreement has been reached or a settlement agreed.

As a Claimant, Tomlin Orders provide more security than a consent order on its own. This is because they typically set out a schedule, which details what happens if the court order.

Finally, as Tomlin Orders simply pause court proceedings, the claimant can simply restart proceedings if the defendant fails to uphold their side of the bargain.

Tomlin Order example.

Tomlin Orders can include a wide variety of conditions and clauses. When correctly drafted, they will be straightforward and concise. Tomlin Orders will typically contain one or more of the following terms:

• That the proceedings be suspended upon agreement
• Each party has permission to apply to the court for enforcement without the need to bring a new claim
• An order for payment of money out of court if appropriate
• A deadline for payment of money if a deadline has been agreed
• An order for payment of legal costs and interest where the deadline is not complied with, and any other terms agreed in settlement of the dispute

We recommend that you act quickly if you wish to apply for a Tomlin Order as soon as you receive a County Court claim form in the post.

Getting a County Court Judgement (CCJ) can also significantly impact people’s careers and daily lives. Getting prior consent before a dispute goes to court could save you more than your reputation.

When would an order be appropriate for use?

We commonly use Tomlin Orders where the settlement terms are complex or sensitive. As only the court order goes on the public record, any documents referred to by a Tomlin Order remain confidential.

Tomlin Orders are not necessary or appropriate where the settlement is for a small payment. A consent order is sufficient for that purpose.

Tomlin Order fee.

The County Court charges an application fee for a Tomlin Order. However, there are circumstances where you may be able to waive the fees; we recommend that you discuss this with one of our solicitors for more information.

Can you overturn a Tomlin Order?

In short, no. A Tomlin Order is a contractual agreement as opposed to a regular consent order, which is an order of the court. Therefore, individuals cannot appeal to the court to overturn a Tomlin Order.

If there is a breach of the terms included within a Tomlin Order, you can make an application to the court for violation of a contractual agreement. Breaching the terms is punishable as contempt in appropriate circumstances.

The court will only accept a Tomlin Order which has been correctly drafted to meet the requirements of the court. Therefore, our solicitors always advise that you have your paperwork checked by a specialist to ensure there are no mistakes in the order.

Can you prevent a County Court Judgement from being on public record?

In short, yes.

You can prevent a CCJ from being visible on the public Register of Judgements by paying the fees off within one month. You can then apply for a certificate of cancellation from the court, preventing the CCJ from appearing on the register.

If you cannot pay the total amount within one month of the judgment, the CCJ will be visible on the public register. This will be accessible to your employers and anyone else who wishes to view it.