The order takes its name from the case of Tomlin v. Standard Telephones and Cables Ltd [1969] 1 WLR 1373, in which the principle was established.
In a property dispute, a Tomlin Order might be used to resolve issues such as boundary disputes, easements, or rights of way. The order sets out the terms of the settlement, which might include things like:
Once the Tomlin Order is agreed, it is submitted to the court for approval. If the court approves the order, it becomes a legally binding document and the dispute is resolved. The main difference between a Tomlin Order and a regular consent order is that a Tomlin Order is an agreement to stay or pause proceedings, rather than a final order that resolves the dispute.
A regular consent order is a final order that resolves the dispute. The court makes a determination on the dispute and sets out the terms of the settlement in a final order that is binding on the parties.
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