Jurisdiction(s):
United Kingdom

Key definition

Tomlin order definition

What does Tomlin order mean? A Tomlin order is a settlement device used in civil litigation: the court stays the proceedings on agreed terms, giving the parties liberty to apply to lift the stay and enforce the settlement if there is default. The operative order records only the stay and liberty to apply; the detailed terms are set out in a separate, usually confidential, schedule. The schedule is contractual. It can include matters beyond the pleaded issues, and is not part of the order or the public court file. The concept is derived from English case law and practice rather than statute. In England and...

Tomlin orders: court-specific drafting, filing, approval and confidentiality across Commercial Court, Chancery Division, King’s Bench, London Circuit Commercial Court and TCC (England and Wales)

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Practice notes

This Practice Note reviews the differing court (and court guide) requirements that apply when drafting and lodging tomlin orders. For broader guidance on Tomlin orders, see Practice Note: Tomlin orders. For an example of a Tomlin order, see Precedent: Tomlin order. For guidance on compromise of claims, see: settlement and settling disputes—overview.

Varied court provisions for Tomlin orders

As noted by Warby J in Zenith Logistics v Coury, practices are not uniform across courts regarding the sealing and/or approval of Tomlin orders that embody settlement terms. Zenith related to the Queen’s Bench Division (as it then was), and Warby J observed that, on the face of it, the approach of the Chancery Division differs from that of the Commercial Court when considering whether to inspect confidential agreements that parties intend to implement by a consent order in Tomlin form. The Commercial Court’s usual course appears to be to review confidential agreements to confirm that their provisions would be enforceable if enforcement became necessary. However, Warby J did not regard it as necessary or appropriate to examine the practice in other courts, or to probe the reasons for any genuine or apparent differences...

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Web page updated on 22/05/2026

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