Orders Following Settlement Flashcards
(10 cards)
What is the main difference between a Tomlin Order and a standard consent order?
A. A Tomlin Order includes confidential terms in a separate schedule
B. A standard consent order is not enforceable by the court
C. A standard consent order includes a schedule
D. A Tomlin Order requires approval from a High Court judge
A. A Tomlin Order includes confidential terms in a separate schedule
Explanation: A Tomlin Order allows the parties to include settlement terms in a confidential schedule that goes beyond what the court could normally order, unlike a standard consent order.
Which of the following must be included in the public part (Part 1) of a Tomlin Order?
A. Agreement to trade secrets protection
B. Confidential undertakings
C. Business restructuring terms
D. Directions for cost assessment
D. Directions for cost assessment
Explanation: Any matter requiring court action, like assessing or paying costs, must appear in the public part of a Tomlin Order.
Which part of a Tomlin Order is enforceable without a further court application?
A. The entire agreement
B. The confidential schedule
C. Only agreed interest rates
D. The public ‘order’ part
D. The public ‘order’ part
Explanation: The public part of the Tomlin Order is enforceable immediately. To enforce terms in the private schedule, a further court application is usually needed.
When must a settlement be recorded in a Tomlin or consent order?
A. When proceedings are issued and the matter is settled
B. When there is no agreement between parties
C. When the parties have settled out of court without proceedings
D. When the claimant withdraws their statement of cas
A. When proceedings are issued and the matter is settled
Explanation: If proceedings are already underway and the parties settle, a Tomlin or consent order is used to formally dispose of the claim.
Parties agree to extend a deadline for witness statements by 35 days. What is the correct procedural step if they want to avoid a hearing?
A. Write to the judge directly
B. Submit a standard order for costs
C. Apply to strike out the timetable
D. File a consent order with the court
D. File a consent order with the court
Explanation: When parties agree to an extension of more than 28 days, the court must approve it via a consent order.
A party wants to keep the settlement terms private and include future business arrangements in the settlement. What type of order should they use?
A. Judgment by admission
B. Standard consent order
C. Tomlin Order
D. Summary judgment
C. Tomlin Order
Explanation: A Tomlin Order is used when parties want confidentiality or when the agreed terms go beyond what a court can normally order.
If a case is currently stayed and the parties submit a consent order to settle it, what does the court treat this as?
A. An application to strike out
B. An appeal of directions
C. A Part 20 claim
D. An application to lift the stay and approve the order
D. An application to lift the stay and approve the order
Explanation: If the claim is stayed, submitting a consent or Tomlin order also serves as an application to lift the stay so the court can process the settlement.
Which of the following would most likely render a Tomlin Order unenforceable without returning to court?
A. Including cost assessments in the schedule
B. Failure to include a stay of proceedings
C. Failing to get the court’s approval
D. Requesting to keep the schedule confidential
A. Including cost assessments in the schedule
Explanation: Directions that require court action, like cost assessments, must be in the public part of the order. Putting them in the schedule makes them unenforceable without another court order.
When drafting a Tomlin Order, which of the following clauses must appear in the main body (public part) of the order rather than the schedule?
A. An agreement to stay the proceedings
B. A direction for the claimant to pay the defendant £10,000 as settlement
C. An agreement to keep the settlement confidential
D. A clause that releases all parties from future claims arising from the dispute
B. A direction for the claimant to pay the defendant £10,000 as settlement
Explanation:
Under PD 40B 3.5, any term requiring action by the court (like ordering a party to pay or assessing costs) must be in the main body of the Tomlin Order. While confidentiality and broad settlement terms can go in the schedule, financial directions enforceable by the court go in the public part.
Which of the following is the most appropriate procedure when a settlement is reached while the claim is stayed under CPR?
A. Wait until the stay expires and then file a settlement agreement as evidence
B. Apply to court to set aside the stay and submit a notice of discontinuance
C. File a consent or Tomlin Order and treat the application as also lifting the stay
D. Write to the court indicating the matter is settled and request it be marked concluded
C. File a consent or Tomlin Order and treat the application as also lifting the stay
Explanation:
When proceedings are stayed, any application to formalise settlement (e.g. through a Tomlin or consent order) is treated as implicitly requesting the stay be lifted. This allows the court to issue an order disposing of the claim. No need for a separate application to lift the stay unless explicitly required.
