Orders Following Settlement Flashcards
What can a settlement be recorded through at Court?
1) Consent orders
2) Tomlin orders
3) Settlement agreement (if not court proceedings have been issued)
What is a consent order?
Formal agreement between parties that is approved and sealed by the court. Basically a court order that is agreed
What are the two types of consent orders?
1) Consent orders based on contract
2) Consent orders NOT based on contract
What is a Tomlin order?
A specific type of Consent order
How many parts to a Tomlin order?
Two
What are the two parts of a Tomlin order?
Part 1 – Public Court Order
Part 2 – Private Schedule (Confidential)
What is included in Part 1 of a Tomlin Order?
Contains enforceable directions
Common terms:
- Staying proceedings
- Granting permission to apply for enforcement
- Costs assessments or payments
What is included in Part 2 of a Tomlin Order?
Contains detailed settlement terms
When is a Tomlin order used?
1) Confidentiality needed
2) Terms go beyond what a court would order
Is a Tomlin order enforceable straight away?
No, a further court order is required if enforcement becomes necessary
Why use a Tomlin order?
1) Confidentiality: not publicly accessible unlike a standard consent order
2) Flexibility: allows settlement terms beyond court’s usual powers
When is a Tomlin order NOT suitable?
1) Case involves public interest issues
2) If terms do not need to be confidential
Are consent orders immediately enforceable?
Yes
How do Tomlin orders become enforceable?
A further court order
When do you need court approval for Tomlin order?
It is needed for the order to be valid, even though agreed to
Can a Tomlin order be approved if the court is stayed?
An application may be needed to lift the stay before filling the order
When can a consent order be used for interim applications?
If a party needs more time to exchange witness statements
