Tomlin Order in UK Law

Leading Cases
  • Community Care North East v Durham County Council
    • Queen's Bench Division
    • 29 April 2010

    In my judgment where the terms are contained in a schedule to the Tomlin Order the position is different from the terms being incorporated as part of a consent order. The court approves and orders the consent order in the first case but only approves and orders the terms of the order but not the terms of the schedule in the second case.

    In relation to the terms of the agreement incorporated in the schedule to the Tomlin Order, other considerations apply. The terms of the schedule are not an order made by the court. The court obviously has the ability to interpret that agreement on well known principles of interpretation, as set out in Sirius and would have to do so when it was asked to take any enforcement action under the standard liberty to apply for that purpose in the Tomlin Order.

  • Vanden Recycling Ltd v Kras Recycling BV
    • Court of Appeal (Civil Division)
    • 17 May 2017

    Kras further relies upon various differences between a consent order and a Tomlin order in terms of approval, breach, enforcement, variation, confidentiality and appeal. Thus a court will not make a consent order unless satisfied that it has power to do so, whilst it has no right to disapprove a Tomlin order and such an order can include matters that the court has no power to order.

  • Julian Watson (Claimant/Appellant) v Tariq Mahmood Sadiq and Another
    • Court of Appeal (Civil Division)
    • 16 July 2013

    For my part, I agree with the analysis of Ramsey J in Community Care North East v Durham CC [2010] EWHC 959 (QB) that the CPR have no application to the schedule to a Tomlin order, which indeed is not an order of the Court at all. A different principle applies to the curial part of the order.

  • Sirius International Insurance Company (Publ) v FAI General Insurance Ltd and Others
    • House of Lords
    • 02 December 2004

    The aim of the inquiry is not to probe the real intentions of the parties but to ascertain the contextual meaning of the relevant contractual language. The inquiry is objective: the question is what a reasonable person, circumstanced as the actual parties were, would have understood the parties to have meant by the use of specific language. The answer to that question is to be gathered from the text under consideration and its relevant contextual scene.

  • Sirius International Insurance Company (Publ) v FAI General Insurance Ltd and Others
    • Court of Appeal (Civil Division)
    • 04 April 2003

    In my judgment, the judge was correct to reject FAI's extreme submissions based on paragraphs 4 and 5 of the schedule to the Tomlin order. The short point is that paragraphs 4 and 5 cannot, in my view, be read as leaving open for future contention that which paragraph 1 compromised. It did not purport to determine questions arising out of the letter of credit.

    Mr Vos accepted that the second condition of the 3 rd September 1999 agreement was not and is not fulfilled. He accepted that the first condition was not fulfilled before the Tomlin order. He accepted that the literal words of paragraph 1 do not express an agreement by FAI that Sirius should pay Agnew's claim. Creative construction or implication is required to interpret it as doing so.

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  • The Civil Procedure (Amendment) Rules 2023
    • UK Non-devolved
    • January 01, 2023
    ... ... Order by number and prefixed by “RSC” means the RSC Order so numbered in ... under Part 36, and, for example, settlements concluded by way of a Tomlin Order, come within the rule; ... (h) amending Parts 52 and 54 to add to ... ...
  • County Court (Amendment No. 2) Rules 1991
    • UK Non-devolved
    • January 01, 1991
    ... ... (2) In these Rules, unless the context otherwise requires, an Order referred to by number means the Order so numbered in the County Court ... scheduled to the order but which are not otherwise part of it (a Tomlin order');(ii) the dismissal of any proceedings, whether wholly or in ... ...
  • Isle of Thanet Gas Act 1914
    • UK Non-devolved
    • January 01, 1914
    ... ... or parcel of land belonging or reputed to belong to Edward Locke Tomlin and others situate in the pariah of St. Peter in the urban district of ... SECOND SCHEDULE. Acts and Order Bepealed. Extent of the Repeal. The Thanet Gas Act 1824. The Thanet Gas ... ...
  • London Grand Junction Railway Act 1836
    • UK Non-devolved
    • January 01, 1836
    ... ... Rivers or Streams, Roads, Streets, Alleys, Passages, or Ways, in order the more conveniently to carry the same over or under or by the Side of ... A. Smart and James Ditto - John North - Tomlin - ... { R. A. Smart and John Ditto - , Empty - Plaw { R. A. Smart and Jnmes ... ...
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Books & Journal Articles
  • Court Fees Payable in Small Claims Cases - Applications and Appeals
    • Appendices
    • Small Claims Procedure in the County Court A Practical Guide - Seventh edition
    • Patricia Pearl/Tim Parker
    • 343-344
    ... ... Fee payable on making Tomlin order at the end of a successful mediation – if applied for at least 14 ... ...
  • At the End
    • Contents
    • Advising and Representing Clients at Mediation - 2nd Edition
    • Stephen Walker/David Smith
    • 203-212
    ... ... agreement to the mediation, even if it is only a template for a Tomlin order. They can fill in the details and let the other side comment on it ... ...
  • Glossary
    • Preliminary Sections
    • Small Claims Procedure in the County Court A Practical Guide - Seventh edition
    • Patricia Pearl/Tim Parker
    • 25-32
    ... ... Costs terminology See paragraph 9.7 for definitions of ‘no order for costs’, ‘costs reserved’ and ‘costs in the case’ ... ; a case can only continue if the stay is removed (see also ‘Tomlin order’) ... Strike out Either the court ordering an end to the case as ... ...
  • Mediation and Settlement of Small Claims Cases
    • Part 2. Mediation and settlement
    • Small Claims Procedure in the County Court A Practical Guide - Seventh edition
    • Patricia Pearl/Tim Parker
    • 213-228
    ... ... the parties to achieve something that the court has no power to order. We expand on these points at paragraph 7.9 ... Mediation lets the ... • A ‘Tomlin order’: this may be needed where the terms of settlement go beyond ... ...
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Law Firm Commentaries
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  • Tomlin order - 1975 Act
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
  • Costs budget (Precedent H) and budget discussion report (Precedent R)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... management order, unless otherwise ordered ... b. Budgeted costs are all costs to be ... Drafting settlement agreement or ... Tomlin order ... Advice to the client on settlement ... ...
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