Category: Claims handling · Reviewed by Jake Leat, Associate Director · Last reviewed 2026-06-11
A Tomlin order is a consent order that stays proceedings on agreed settlement terms scheduled to the order, allowing the parties to apply to the court for enforcement if a party defaults — combining the finality of a court order with the confidentiality of a settlement agreement.
The Tomlin order takes its name from Tomlin v The Standard Telephones and Cables Ltd [1969] 1 WLR 1378 (although the device pre-dates the case). It is the standard mechanism for recording the settlement of UK litigation in a way that combines two normally competing features: the procedural finality of a court order and the substantive confidentiality of a private agreement.
The order has two parts. The order itself is a short consent order in the prescribed form, recording that the claim is stayed on the terms in the attached schedule and giving the parties liberty to apply to the court for enforcement. The schedule contains the settlement terms — the payment amount, any non-monetary obligations, the costs treatment, any confidentiality provisions — and is treated as a private agreement between the parties, not a public court document.
The Tomlin order is grounded in the court’s inherent jurisdiction to control its own proceedings and in the parties’ contractual freedom to settle. It is recognised throughout the CPR and is the standard form for consent orders that record settlements.
Key features of the order:
The schedule is binding as a contract. Enforcement is by application back to the original court under the liberty-to-apply provision, which avoids the parties having to issue fresh proceedings to enforce. The court can give judgment for the schedule amount or grant other enforcement relief.
Open justice considerations have produced some refinement of Tomlin orders in recent years. Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 emphasised the public interest in transparency of court proceedings. Where a Tomlin order schedule is referred to in any subsequent application (for example, a default enforcement application), the schedule may become disclosable. Sophisticated parties draft the schedule with this risk in mind.
The Tomlin order interacts with Part 36 and Calderbank: it is the mechanism through which most settlements reached under those rules are formally recorded.
After agreement is reached (whether through Part 36 acceptance, Calderbank acceptance, mediation, JSM or otherwise), the parties’ solicitors draft the Tomlin order. The order itself is short — usually four or five paragraphs — and standard in form. The schedule contains the substantive terms.
Typical schedule provisions include:
The schedule is signed by the parties (or their solicitors with authority). The order is filed with the court for sealing.
If a party defaults — typically by failing to pay — the other party applies back to the court under the liberty-to-apply provision. The application is supported by evidence of the default. The court will normally enter judgment for the schedule amount; resistance is rare and difficult, given that the schedule is a binding settlement.
For insurer-funded settlements, the Tomlin order is often the principal documentary record of the matter for the insurer’s file. The order and schedule become part of the closed file along with the panel firm’s settlement memo, the funds-out approval and the policyholder’s acknowledgment.
“Confidentiality-only” Tomlin orders are used where the substantive dispute is genuinely settled but one party wants the terms kept private — for example, where the settlement amount might attract adverse press attention.
“Hybrid” Tomlin orders combine a public consent judgment for part of the settlement (an admitted liability portion) and a confidential schedule for the contested element.
“Schedule-only” settlements record the settlement as a private agreement without a court order; these lack the enforcement convenience of the Tomlin order but provide maximum confidentiality.
“Public” consent orders without a schedule record the settlement openly on the court record — typically used in matters of public interest or where one party expressly wants public confirmation.
A surveyor’s £1.4m PI claim settles at JSM for £820,000 plus £210,000 of agreed costs (£190,000 of the claimant’s costs paid by the defence; £20,000 of the defence’s costs paid by the claimant). The settlement is recorded in a Tomlin order signed seven days after the JSM. The order itself stays the proceedings; the schedule records: £820,000 to be paid by the defence to the claimant within 28 days; £190,000 of claimant’s costs to be paid by the defence within 56 days; £20,000 of defence’s costs to be paid by the claimant within 56 days; mutual release of all claims arising from the underlying valuation; confidentiality (no party to disclose the settlement or its amount except as required by law, regulation or to the parties’ professional advisers and insurers); no admission of liability. The order is filed and sealed. Three months later the defence’s insurer pays as required; the claimant’s costs payment is delayed by ten days and the parties resolve the timing informally. No application back to the court is required.
By Matt Bartlett, Director, on 2026-06-11. Next review: 2026-12-11.
This entry is part of the Apex Insurance Wiki. Last reviewed by Matt Bartlett on 2026-06-11. Apex Insurance Brokers Limited, FCA FRN 724952, Companies House 07014570. Not regulated advice — consult your broker on your specific position.
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