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Tomlin Orders: When Are They Used?

Feb 2 2022 | Litigation

by Joseph Navas

by Joseph Navas

Head of Litigation

In this article

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.

Remember...

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.

Remember...

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.

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If you found the contents of this blog useful, please feel free to share it on social media. Sharing our article helps others in need find the same information.