The HM Courts and Tribunal Service has released an important note in relation to Tomlin Orders which came into effect this week. The note states that from 3rd October 2016, a Court Associate of the Royal Courts of Justice will approve and seal Tomlin Orders only if:-
- The Order is headed ‘Tomlin Order’
- The Order concerns only a claim for money (i.e. debt or damages including any interest and costs)
- No other relief (e.g. injunction) has been sought
- The request for sealing includes a signed solicitors’ statement with the following wording:
‘We certify that the only relief sought in this claim/counterclaim is the payment of money including any interest and costs, and that no ancillary relief has been sought at any stage’.
- The proceedings are stayed without any time limit (not discontinued or dismissed)
- The Order includes permission to apply
- The Order refers to an attached schedule or to a dated schedule/agreement (which may be confidential) which is held in a specified place. If the Order refers to an attached confidential schedule it will be returned as no confidential schedules will be accepted by the court.
The note specifies that if the Order does not meet these requirements it will be returned for correction and re-submission.
For further information on the correct wording of a Tomlin Order please see the full note here.