What is the difference between a consent order and a Tomlin order?

A consent order records the terms openly. A Tomlin order stays the proceedings on terms set out in a confidential schedule, keeping the settlement private.

Does the court have to approve it?

Yes. The court reviews the order to ensure it is one the court has power to make. Approval is usually procedural once the order is properly drafted.

What happens if the other side breaches it?

Consent orders are enforceable like any other court order. For Tomlin orders, breach usually requires an application to lift the stay first.

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Civil Litigation Support

Consent Order Drafting

Binding consent orders and Tomlin orders reflecting agreed settlement terms.

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Response within one working day from our West Midlands office.

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Overview

How we help

A consent order records an agreement reached between parties and, once approved by the court, is binding and enforceable. We prepare clear, enforceable consent orders that reflect exactly what has been agreed and comply with the court's requirements.

Who this is for: Parties to civil litigation who have reached a settlement and need it formalised into a binding court order.

What is included

Review of the agreement reached
Drafting the consent order and preamble
Tomlin orders where the settlement terms are confidential
Schedule of terms and payment mechanics
Filing arrangements and court fee guidance
Post-approval enforcement guidance

Process

How the process works

01
Agreement review
We review the terms you have agreed and identify any gaps or ambiguity.
02
Drafting
We draft the consent order or Tomlin order and circulate it for approval by all parties.
03
Signatures
All parties sign the order — solicitors on the record sign for represented parties.
04
Filing
The order is filed with the court for approval.

When we help

Common situations we help with

Every matter is different, but the following situations come up frequently. If any of these sound like yours, we can help.

You have reached a settlement in civil proceedings
You need a Tomlin order to keep settlement terms confidential
A payment plan has been agreed and needs recording
Ongoing obligations need to be formalised

Frequently asked

Common questions

What is the difference between a consent order and a Tomlin order?: A consent order records the terms openly. A Tomlin order stays the proceedings on terms set out in a confidential schedule, keeping the settlement private.
Does the court have to approve it?: Yes. The court reviews the order to ensure it is one the court has power to make. Approval is usually procedural once the order is properly drafted.
What happens if the other side breaches it?: Consent orders are enforceable like any other court order. For Tomlin orders, breach usually requires an application to lift the stay first.

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Send a confidential enquiry

Tell us briefly about your situation. A member of the civil litigation support team will be in touch within one working day using your preferred method of contact.

Or contact us directly

+44 7747 234225·info@boadulegalservices.com