Tomlin Orders - law lecture notes PDF

Preview

Summary

law lecture notes...

Description

GENERAL  





 

Stays the claim on agreed terms that are out in a schedule to the order, an agreement annexed to the order or a separate document. Formalities (R40.6(7)) – o The order agreed by the parties must be drawn up in the terms agreed o It must be expressed as being ‘By consent’ o It must be signed by the legal representative acting for each of the parties to whom the order relates. Certain terms must appear in the order itself, whist others can be put in the schedule, agreement or separate document. This is because PD40B, para 3.5 provides: o Where the parties draw up a consent order in the form of a stay of proceedings on agreed terms, deposing of the proceedings and where the terms are recorded in a schedule to the order, any direction for:  Payment of money out of court or  Payment and assessment of costs o Should be contained in the body of the order and not in the schedule. Where there is a possibility that a party may not perform part of the agreement, the order should include a provision that any party is at liberty to apply for the stay to be lifted so that the court can enforce the settlement. The only way to ensure complete confidentiality is to record the settlement in a separate document which is referred to in the order and clearly identifiable but not filed with the court. Schedule can include terms that the court could not impose

EXAMPLE 

Pg 216

Claim No: HQ 18 6745 IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION BETWEEN: OSCAR AZEVADO Claimant and HAMBLINGS SECURITIES LIMITED Defendant TOMLIN ORDER Upon the parties having agreed terms of settlement BY CONSENT IT IS ORDERED THAT: 1. All further proceedings in this action shall be stayed upon the terms set out in the schedule, except for the purpose of carrying such terms into effect. 2. Each party shall have liberty to apply to the court if the other party does not give effect to the terms set out in the schedule. 3. The Defendant shall pay the Claimant’s costs on the standard basis to be assessed if not agreed. Dated ………………………………………. We consent to the making of an order in the above terms.

…………………………………………………. Plectons, Solicitors for the Claimant

…………………………………………………. ULaws LLP, Solicitors for the Defendant

SCHEDULE 1. The Defendant shall pay or cause to be paid to the Claimant the sum of £1,500,000 on or before 20 November 2018 in full and final satisfaction of all claims and counterclaims arising in this action. 2. In the event of late payment, the Defendant will pay interest on the sum of £1,500,000 or any part remaining due at a rate of 5% per annum....