Tomlin orders

Question 1

what does this include?

Answer 1

consists of consent order + confidential schedule of settlement terms

Question 2

when can this be sealed by a court officer?

Answer 2

Can be sealed by a court officer if all parties legally rep (otherwise court will need to approve the order)

Question 3

what must the consent order include?

Answer 3

o That it is made by consent
o Proceedings are stayed + there is liberty to apply
o Costs (i.e. amount payable or detailed assessment proceedings)
o Signed by legal reps (or LIPs)

Question 4

why doesn’t the schedule require approval? what is the effect?

Answer 4

Schedule doesn’t require court approval because it is a contract between parties - it cannot be enforced as a judgment. If breached, the innocent party would apply to court to enforce the terms. Court can make orders to that effect

Question 5

when are these appropriate?

Answer 5

o Complex settlements
o Terms outside the claim’s original scope
o Confidential/sensitive terms