Tomlin order
Encyclopedia
A Tomlin order is a court order
in the English civil justice system under which a court action is stayed, on terms which have been agreed in advance between the parties and which are included in a schedule to the order. As such, it is a form of consent order. The order permits either party to apply to court to enforce the terms of the order, avoiding the need to start fresh proceedings. The terms of the schedule do not form part of the court order, so may remain confidential, and can include matters outside the jurisdiction of the court or the scope of the case in hand.
Mr Justice Tomlin
(as he then was), from his ruling in Dashwood v Dashwood ([1927] WN 276, 64 LJNC 431, 71 Sol Jo 911
) delivered on 1 November 1927, that such an order kept the proceedings alive only to the extent necessary to enable a party to enforce the terms of the settlement. In that case, Tomlin J held that a provision in the order which required one party to refrain from running a business in competition with the other party could not be enforced unless and until the court made an order for specific performance
or for an injunction
. Thus, any provisions in a Tomlin order which require action by the court, such as releasing funds held in court, or an order for costs, must be included in the body of the order, not the schedule. Until a second order has been sought, it is not possible to apply to commit the party in breach for contempt of court
.
The following day, Tomlin J issued Practice Note [1927] WN 290, which set out a preferred form for such orders. A similar form of order appeared in the Rules of the Supreme Court
and appears in the Civil Procedure Rules today. The form of the schedule is settled between the parties.
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
in the English civil justice system under which a court action is stayed, on terms which have been agreed in advance between the parties and which are included in a schedule to the order. As such, it is a form of consent order. The order permits either party to apply to court to enforce the terms of the order, avoiding the need to start fresh proceedings. The terms of the schedule do not form part of the court order, so may remain confidential, and can include matters outside the jurisdiction of the court or the scope of the case in hand.
Origins
The order is named after the High Court judgeHigh Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
Mr Justice Tomlin
Thomas Tomlin, Baron Tomlin
Thomas James Chesshyre Tomlin, Baron Tomlin PC was a British judge.On 11 February 1929, he was appointed Lord of Appeal in Ordinary and was created additionally a life peer with the title Baron Tomlin, of Ash in the County of Kent. In the same year, Tomlin was sworn of the Privy Council.The Tomlin...
(as he then was), from his ruling in Dashwood v Dashwood ([1927] WN 276, 64 LJNC 431, 71 Sol Jo 911
Legal citation
Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions , statutes, regulations, government documents, treaties, and scholarly writing....
) delivered on 1 November 1927, that such an order kept the proceedings alive only to the extent necessary to enable a party to enforce the terms of the settlement. In that case, Tomlin J held that a provision in the order which required one party to refrain from running a business in competition with the other party could not be enforced unless and until the court made an order for specific performance
Specific performance
Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to award/ for awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential...
or for an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
. Thus, any provisions in a Tomlin order which require action by the court, such as releasing funds held in court, or an order for costs, must be included in the body of the order, not the schedule. Until a second order has been sought, it is not possible to apply to commit the party in breach for contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
.
The following day, Tomlin J issued Practice Note [1927] WN 290, which set out a preferred form for such orders. A similar form of order appeared in the Rules of the Supreme Court
Rules of the Supreme Court
The Rules of the Supreme Court were the rules which governed civil procedure in the Supreme Court of Judicature of England and Wales from its formation in 1883 until 1999....
and appears in the Civil Procedure Rules today. The form of the schedule is settled between the parties.