NIPC Law

The Rolls Building Author Basher Eyre   Licence CC BY-SA  2.0   Source Wikipedia Rolls Bldg   Jane Lambert Patents Court (HH Judge Hacon)  Permavent Ltd and another v Maki n [2020] EWHC 3495 (Pat) (17 Dec 2020) A Tomlin order is a way of settling litigation.  It consists of a settlement agreement that is confidential to the parties annexed to an order staying the proceedings.  If a party fails to abide by the agreement, the order permits the other party to apply to the court to enforce it without bringing a new action,  It is called a Tomlin order because it was first made by Mr Justice Tomlin in Dashwood v Dashwood   [1927] WN 276, 64 LJNC 431, 71 Sol Jo 911 (1 Nov1927).  Mr Justice Tomlin subsequently issued a practice notice for such orders which is now contained in CPR 40.6  and para 3 of the Part 40B Practice Direction, In  Permavent Ltd and another v Makin [2020] EWHC 3495 (Pat) (17 Dec 2020) a dispute between the claim...

By Pawel Wozniak - http://freestocktextures.com/texture/id/690, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=18603544 Jane Lambert Chancery Division (HH Judge Hodge QC) Frank Schrijver UK Ltd and another v Smart Dry Intl Ltd and others [2020] EWHC 2092 (Ch) (30 July 2020) Judge Hodge was disarmingly blunt when he said at paragraph [1] of his judgment in  Frank Schrijver UK Ltd and another v Smart Dry Intl Ltd and others [2020] EWHC 2092 (Ch) (30 July 2020): "This judgment is naturally of considerable interest and concern to the parties to this litigation but it raises no issue of law and will be of no interest to anyone not involved in this case." I don't agree with him.  Cases on the enforcement of Tomlin orders are rare and practitioners can always learn something from them. A Tomlin order is a consent order in which the parties invite the court to stay proceedings on terms set out in a confidential schedule. The schedule ...