Confidential Settlements, Tomlin Orders, and What They Mean for Victims

For many people harmed by financial misconduct, a settlement can feel like the end of a long and exhausting journey. The letters stop. The court process pauses. There is, at last, some financial relief.

But for many victims, settlement is not the end of the story.It is simply a quieter chapter—often one marked by confusion, isolation, and unanswered questions.

This article explains, in plain English, what confidential settlements and Tomlin Orders are, how they are commonly used, and what they can mean for victims of financial harm. It also makes one thing absolutely clear:

Get SAFE supports people whether or not a settlement has been signed.

Why this matters

When harm happens at scale—across multiple customers, over many years—patterns matter.

But confidentiality can break patterns apart. It separates people from one another. It prevents shared learning. And it can leave individuals believing that what happened to them was a one-off, rather than part of something bigger.

Understanding the role of confidential settlements is therefore not about blame.It is about visibility, accountability, and recovery.

What is a confidential settlement?

A confidential settlement is an agreement between parties to resolve a dispute without continuing litigation. Typically, it includes:

• A financial payment

• A requirement not to disclose the terms

• Sometimes, restrictions on discussing the underlying facts

These agreements are lawful. They are widely used across commercial and civil disputes. In many cases, they provide certainty and relief to people who cannot bear further stress or cost.

Confidentiality itself is not wrongdoing.

The concern arises when confidentiality becomes routine, systemic, or silencing—particularly where power between the parties is unequal.

What is a Tomlin Order?

A Tomlin Order is a type of court order used to formalise a settlement.

In simple terms:

• The court proceedings are stayed (paused), not dismissed

• The settlement terms sit in a private schedule, not on the public court record

• The court can enforce the agreement if it is breached

Tomlin Orders are often presented as efficient and neutral tools. And in isolation, they can be.

However, because the substantive terms are private, Tomlin Orders can have broader consequences when used repeatedly in similar cases.

The power imbalance problem

In financial misconduct cases, the parties are rarely equal.

On one side:

• A large institution

• Legal teams

• Deep resources

• Institutional memory

On the other:

• An individual or family

• Often exhausted, unwell, or financially depleted

• Facing uncertainty and prolonged stress

In that context, confidentiality can feel less like a mutual agreement and more like a condition of escape.

Victims frequently describe:

• Feeling pressured to “move on”

• Being warned (explicitly or implicitly) about costs and risks

• Losing the energy to fight for wider accountability

This does not make them weak. It makes them human.

The systemic effect of silence

One confidential settlement may resolve one case.

Dozens—or hundreds—can quietly erase a pattern.

When similar cases are settled privately:

• Regulators see fewer complaints

• Courts see fewer judgments

• Journalists see fewer documents

• Victims never find each other

This makes systemic problems harder to detect, easier to deny, and slower to fix.

Importantly, this effect can occur without any conspiracy. It can emerge simply from repeated use of the same legal mechanism.

“If I’ve signed, can I still speak?”

This is one of the most common—and most misunderstood—questions.

The answer is nuanced.

Confidentiality clauses vary widely. Some restrict disclosure of:

• Settlement amounts

• Specific documents

• The existence of the agreement

They do not usually:

• Erase your lived experience

• Remove your right to seek emotional support

• Prevent you from getting advice about your situation

Many people assume they are “gagged” far more broadly than the agreement actually requires.

That uncertainty itself can be distressing.

Where Get SAFE fits in

Get SAFE exists to support people harmed by financial exploitation—before, during, and after any formal process.

That includes people who:

• Are still investigating what happened

• Are in dispute or litigation

• Have settled

• Have signed confidentiality agreements

• Feel unsure what they are allowed to say or do

We do not:

• Encourage breach of lawful agreements

• Run campaigns based on untested allegations

• Replace legal advice

We do:

• Help people understand their position calmly and safely

• Support emotional and cognitive recovery after prolonged stress

• Help individuals organise their own evidence for personal clarity

• Provide education about systems, patterns, and safeguards

• Ensure no one feels abandoned simply because a case is “over”

Settlement should never mean silence, isolation, or loss of dignity.

Recovery is not the same as resolution

A settlement may resolve a dispute.It does not automatically resolve trauma.

Many people experience:

• Ongoing anxiety

• Loss of trust

• Rumination about “what really happened”

• A sense of unfinished business

These responses are common after prolonged financial harm, especially where truth has never been publicly examined.

Get SAFE recognises recovery as a human process, not a legal outcome.

Evidence, not accusation

A key principle of Get SAFE is discipline.

We focus on:

• Careful documentation

• Pattern recognition

• Education

• Support

We do not publish allegations.We do not single out institutions without robust evidence.We do not turn personal pain into premature campaigns.

But we do believe that quiet evidence, gathered carefully over time, matters.

A final reassurance

If you have signed a settlement.If you are considering one.If you regret one.If you are relieved by one.

You are still welcome here.

Your experience still matters.Your recovery still matters.Your questions are still valid.

Get SAFE is about support, safety, and empowerment—not about where you are in the legal process.

You are not alone.

Example: A Standard Tomlin Order (Illustrative)

Part 1: The Court Order (Public)

BY CONSENT, IT IS ORDERED THAT:All further proceedings in this claim be stayed except for the purpose of carrying the terms of the Schedule into effect.Each party has permission to apply to the Court to enforce the terms of the Schedule without the need to commence fresh proceedings.There be no order as to costs (or: costs to be dealt with as set out in the Schedule).

What this means in plain English

• The case is paused, not decided.

• The judge does not rule on who was right or wrong.

• The real agreement sits elsewhere (in the Schedule).

• The court only steps back in if someone breaches the deal.

This is usually all that appears on the public court record.

Part 2: The Schedule (Private)

The Schedule is not published. It is where the real terms sit.

A typical Schedule may include clauses like these:

1. Settlement Payment

The Defendant shall pay the Claimant the sum of £XXX,XXX within 28 days of the date of this Order.

MeaningA one-off payment, usually without any admission of liability.

2. No Admission of Liability

The Defendant makes no admission of liability and the settlement is made on a commercial basis to avoid the cost, uncertainty, and inconvenience of further proceedings.

MeaningThe institution explicitly denies wrongdoing, even though money is paid.

3. Confidentiality

The Claimant agrees to keep the existence and terms of this settlement strictly confidential and shall not disclose the same to any third party, save as required by law, to professional advisers, or to immediate family on a confidential basis.

MeaningThis is the clause most people worry about.

• It usually restricts disclosure of terms, not personal experience.

• Exceptions often exist, but are poorly explained to victims.

4. Non-Disparagement (Sometimes Included)

The Claimant agrees not to make any statement, whether oral or written, which is derogatory or adverse to the Defendant or its officers.

MeaningThis can be broader and more restrictive.It is often where people feel “gagged”, especially if loosely drafted.

5. Full and Final Settlement

This agreement is in full and final settlement of all claims, whether known or unknown, arising out of or in connection with the matters pleaded in the proceedings.

MeaningYou cannot bring another claim later about the same issues, even if new information emerges.

6. Withdrawal of Complaints (Sometimes Included)

The Claimant agrees to withdraw any existing complaints to regulatory or supervisory bodies insofar as permitted by law.

MeaningThis clause is controversial.It may be limited by law, but its presence alone can discourage people from speaking up.

7. Enforcement Clause

In the event of breach of this Schedule, either party may apply to the Court to enforce its terms.

MeaningThe court becomes an enforcement mechanism for silence as well as payment.

Why this structure matters

A Tomlin Order is procedurally neutral, but its effects are not neutral when used repeatedly in similar cases.

Key consequences:

• No judicial findings

• No public record of facts

• No precedent

• No visible pattern

Multiply this across dozens of cases and:

• Regulators see fewer signals

• Journalists see fewer documents

• Victims never realise they are not alone

This can happen without any single bad actor, simply through repeated “commercial settlements”.

The most important misunderstanding

Many victims believe:

“I’ve signed, so I’m not allowed to talk to anyone.”

In reality:

• Most confidentiality clauses are narrower than assumed

• Many allow disclosure for support, advice, and personal wellbeing

• Fear often comes from uncertainty, not the wording itself

That fear is real — and understandable.

Where Get SAFE comes in (again, clearly)

Get SAFE does not:

• Tell people to breach agreements

• Offer legal advice

• Campaign on individual cases

Get SAFE does:

• Help people understand what they have signed

• Support recovery after settlement

• Help individuals organise their own understanding of events

• Explain systemic effects without naming or accusing

• Support people regardless of whether a Tomlin Order exists

A settlement closes a case.It does not close a human experience.

Final thought

Tomlin Orders are not inherently abusive.They are tools.

But when tools are used repeatedly, quietly, and asymmetrically, it is legitimate—and necessary—to ask:

• What patterns are being hidden?

• What lessons are being lost?

• Who carries the long-term cost?

Those are questions of governance, not grievance.

And asking them carefully is exactly what Get SAFE exists to do.

About Get SAFE

About Get SAFE — and How You Can Help

Systemic failures are rarely exposed all at once.They surface slowly — case by case — often long before institutions are ready to acknowledge them.

Get SAFE (Support After Financial Exploitation) exists to ensure those early truths are not lost.

We support people harmed by financial exploitation through:

• Citizen Investigator training — helping individuals organise evidence, ask the right questions, and protect themselves

• AI-supported analysis — making complex information clearer and more manageable

• Disciplined evidence-building — focused on understanding patterns, not making allegations

Reform often arrives after the damage is done.Citizen investigation doesn’t have to wait.

A lifeline for recovery — before and after settlement

Get SAFE is building a national, free-to-access support pathway for victims, including:

• Emotional recovery and reassurance

• Life-planning support after financial harm

• Justice-focused guidance that restores agency and dignity

Support is available whether or not a settlement has been signed.

What we’re raising funds for

We are raising £20,000 to:

• Register Get SAFE as a Charitable Incorporated Organisation (CIO)

• Build our website, CRM, and secure outreach platform

• Fund our first year of free recovery, education, and support programmes

Every £50 donation funds a bursary for one survivor — giving access to tools, training, and a supportive community to rebuild life and pursue justice with confidence.

This is more than a charity

Your support doesn’t just fund services.It helps restore balance where power has been lost.

If you believe people deserve understanding, dignity, and support — not silence — we invite you to stand with us.

Join us at: https://www.get-safe.org.uk/