Why does the practice form for approval of a child settlement (N292) provide for a stay of proceedings...
Why does the practice form for approval of a child settlement (N292) provide for a stay of proceedings when damages and costs are directed to be paid under the order? It reads like a Tomlin order but surely it is not.
We agree that the form which has been in existence for some years is unusual in that it orders payments to be made etc but then ends by staying the proceedings with permission to apply for the purpose of carrying the order into effect. It therefore has to be regarded as a Tomlin order. It does, of course, contain the provisions which have been agreed, subject to the court’s approval. The reason for the stay may well be to ensure that the court is not functus officio and can subsequently deal with investment decisions, applications to withdraw capital and so on.
