Q&As

Can you make an application to set aside a judgment if the parties settle a claim prior to the remedy hearing?

Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 25 July 2023

Where the parties reach an agreement to settle a claim either judgment will be entered by consent or the parties will enter into a Tomlin Order by which the claim is stayed save for the purposes of enforcement of a schedule entered into between the parties. Simple cases in which one party agrees to pay money to the other will often be dealt with by a judgment. Tomlin Orders have the benefit of allowing the parties to agree to provisions which the court does not have the power to order.

The court has a wide discretion to vary or revoke orders

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Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).