Court Associates to approve and seal certain Tomlin orders (Chancery Division)

Practical Law UK Legal Update w-003-5863 (Approx. 3 pages)

Court Associates to approve and seal certain Tomlin orders (Chancery Division)

by Practical Law Dispute Resolution

On 23 September 2016, HMCTS published an "Important Note" announcing that, from 3 October 2016, Court Associates will be able to approve and seal Tomlin orders provided certain conditions are met. An amended version of this note was published on 24 October 2016.

On 23 September 2016, HMCTS gave notice that, from 3 October 2016, Court Associates of the Rolls Building will be able to approve and seal Tomlin orders in accordance with CPR 40.6(3), if certain conditions are met, namely:

The order is headed "Tomlin Order".
The order concerns a claim for money (meaning debt or damages, including any interest and costs).
No other relief has been sought.
The request for dealing includes a solicitors' statement with specified wording certifying that no ancillary relief has been sought at any time (note that since this note was first published, this condition has changed; see below).
The proceedings are stayed without any time limit, and not discontinued or dismissed.
None of the parties are acting in person, or are protected parties.
The order includes permission to apply.
The order refers to an attached schedule, or to a dated schedule/agreement which may be confidential and which is held in a specified place.

Helpfully, the note also sets out the correct form of wording for a Tomlin order.

The note also details other types of order that Court Associates will be able to approve and seal under this rule including, for example, orders for oral examination (if a judge is not required to conduct it) or for payment out (by consent) of money paid into court.

An amended version of this note was published on 24 October 2016. For more information, see Legal update, Court Associates to approve and seal certain Tomlin orders: Important Note amended (Chancery Division).

Source: Judiciary: Important Note: Sealing of Tomlin Orders (23 September 2016).

End of Document

Also Found In

Resource ID w-003-5863

Published on 23-Sep-2016

Resource Type Legal update: archive

Jurisdictions

England
United Kingdom
Wales