Tunstall v Harrison & Anor [2001] EWCA Civ 1016 (15 June 2001)

Tunstall v Harrison & Anor [2001] EWCA Civ 1016 (15 June 2001)

Once a Tomlin Order is made, further proceedings in the original action are stayed except for implementing the settlement terms; applications to set aside the order or for damages must be brought by separate action, not within the stayed proceedings.

Citation
[2001] EWCA Civ 1016
Parties
Claimant: Haslam Tunstall; Defendant: Mr & Mrs Harrison
Jurisdiction
England and Wales
Judgment Date
15 June 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Freezing Order, Tomlin Order, Setting Aside Consent Order, Enquiry as to Damages, Procedural Bar
Civil Procedure Freezing Order Tomlin Order Setting Aside Consent Order Enquiry as to Damages Procedural Bar

Case Brief

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Parties

Haslam Tunstall

Claimant

Mr & Mrs Harrison

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Tomlin Order could be set aside by application within the original proceedings
  2. 2 Whether an enquiry as to damages for the freezing order could proceed within the stayed action

Ratio Decidendi

Once a Tomlin Order is made, further proceedings in the original action are stayed except for implementing the settlement terms; applications to set aside the order or for damages must be brought by separate action, not within the stayed proceedings.

Court Disposition

application for permission to appeal refused

Orders

  • permission to appeal refused