In that case, Tomlin J held that a provision in the order which required one party to refrain from running a business in competition with the other party could not be enforced unless and until the court made an order for specific performance or for an injunction.
Until a second order has been sought, it is not possible to apply to commit the party in breach for contempt of court.
The following day, Tomlin J issued a practice note which set out a preferred form for such orders.
The order has seen significant use in the settlement of personal injury litigation, although there has been debate as to whether that is the best option.
[5] In any subsequent application to the court, there will be jurisdiction to vary only the order itself but not what appears in the schedule,[5] which has been characterized by Lord Steyn as being in effect a commercial agreement.