Settlement: Consent/Tomlin order (with drafting notes)

by Practical Law Dispute Resolution

A standard document providing a precedent Tomlin order for use in the Business and Property Courts (B&PCs) when parties have agreed to settle a dispute. This type of consent order formally stays all further proceedings on agreed terms, except for the purpose of enforcing those terms, without needing to commence new proceedings. This standard document contains integrated drafting notes that explain the key provisions, including the order for the stay, permission to apply for enforcement, and the costs order. The notes offer essential guidance on how to record the settlement terms - whether in a schedule, an annexed agreement, or a separate confidential document - and discuss the significant implications for confidentiality under the Civil Procedure Rules (CPR). The notes also address the critical requirement under PD 40B paragraph 3.5 to include costs provisions within the body of the order itself and offer specific guidance for adapting the order for use in the Chancery Division, in line with the Chancery Guide.