Tomlin schedule not variable

In the case of Community Care North East v Durham County Council, Ramsey J held that the court did not have the power to vary terms within a schedule to a Tomlin Order. A schedule to a Tomlin Order sets out an agreement between the parties of the terms of settlement of a piece of litigation. Once the parties have entered into such an agreement, whether it can subsequently be set aside or varied depends on there being a remedy in relation to that agreement.

Wragge & Co's experts explain more about Tomlin Orders and consider the effect in light of this decision.