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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience:  Over 5 years in practice
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I issued proceedings against my sister 8 years ago. and nearly

Customer Question

I issued proceedings against my sister 8 years ago. and nearly 6 years ago, at mediation, we agreed a settlement that was put in a Tomlin order (she was to give up her part ownership of the family house, that I had previously paid her for, and transfer me £25,000).
Nothing has happened. If I now wish to enforce the Tomlin order, do I need to make an application to the court before 6 years is up, in order not to be barred by the statute of limitations, or does that not apply to a Tomlin order?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Once there is a court order the Limitation Act does not apply BUT the court can refuse to enforce if it thinks parties have delayed without reason and one party has suffered prejudice as a result.

I would enforce as soon as possible or get an agreement not to defend any enforcement proceedings in the future on grounds of delay

Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jo - Thank you very much for your succinct and thorough answer to my question. Rather than employing a solicitor, as before, I'm thinking about employing a barrister direct to help me sort out this problem. Would you recommend this? Regards ***** *****

Customer: replied 2 years ago.

Any chance of a reply to my small follow up question of 7th Nov?

Expert:  Jo C. replied 2 years ago.
It is generally cheaper.
It depends what you want them to do. Barristers under public access cannot deal with litigation. If it is just a court application that you want then a barrister under public access is a better deal generally.

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