Understanding Tomlin Orders in Property Disputes

When property disputes arise, whether over contracts, ownership, or sales, parties often prefer to settle without lengthy court battles. One effective way to do this in England and Wales is through a Tomlin order.

A Tomlin order is a type of court order that records a confidential settlement agreement between parties while pausing ongoing legal proceedings.

Key Features of a Tomlin Order

• Settlement agreed: Both parties reach a private settlement on their own terms.• Court proceedings paused: The court stays the case, meaning it does not continue unless needed.• Confidential schedule: The detailed terms of the agreement are kept in a separate, confidential document.• Legally binding contract: The order creates a binding agreement between the parties.• Easy enforcement: If one party fails to comply, the other can ask the court to enforce the agreement without starting a new claim.• Saves time and cost: It avoids the expense and stress of further legal proceedings.

Takeaway

For property buyers, sellers, and investors, a Tomlin order can be a practical and discreet way to resolve disputes efficiently. It offers legal certainty while keeping the finer details private, making it a useful tool in sensitive property matters.