ABSTRACT
If the case has been allocated a trial date or trial window, the court must be informed of the settlement and the parties should jointly apply to withdraw the action.
An order has the advantages of certainty, and it will allow for costs to be taxed if they have not been agreed.The usual procedure is to obtain a stay of the proceedings, freezing them either temporarily or, once all the terms of the settlement have been agreed, permanently, except for the possibility of returning to court to ensure the carrying out of any of the terms agreed (a ‘Tomlin’ order).The order should also refer to any interim payments already made, provide for payment out of any money in court, deal with which party is to receive the interest on money in court, and for costs between the parties and for assessment of any costs where the party is publicly funded.
