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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47641
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I would be most grateful if you could explain, in layman

Customer Question

Hello, I would be most grateful if you could explain, in layman terms, the following wording within a proposed Tomlin Order from the Defendant bank: "The fact as well as the terms of this Order as between the parties shall remain confidential to the parties and shall not be disclosed to any third party unless compelled by law to do so." Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello again, this means that the fact such an order was negotiated or accepted (basically its existence) and the contents of the order, shall be kept confidential between you and the other party and not be disclosed to anyone else. So you should keep this to yourself only. If you wanted to disclose the existence or terms of this order then you may only do so if you are required by law. For example, if you received settlement as part of this then you may have to disclose this to the Inland Revenue, or if you have to go to court in the future regarding this issue you may be required to provide details of the order as part of any evidence you provide. So basically only discuss the order if required to by law, nit just in you day to day conversations I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.

Hi Ben, thanks for your swift reply. I do not understand why the bank, as the Defendant, wishes to silence me when their only offer of settlement is to give me my money back (proceeds of the joint savings account) and without compensating me for the court fee and interest. Why would they want to silence me and should I proceed with the claim?

Expert:  Ben Jones replied 1 year ago.
This is not uncommon - they don't want this being bandied around afterwards and create potential negative publicity for them. Even if they are only offering you what you are due in a Tomlin order it is still done on the proposed terms so they can include that clause
Customer: replied 1 year ago.

Thanks Ben. With their threat of costs against me within their defence, and now the production of this one-sided proposed order, I will now proceed with the hearing - they are nothing more than bullies.

Expert:  Ben Jones replied 1 year ago.
ok, sorry I cannot say whether you should or should not as I have very few details but bet of luck!
Customer: replied 1 year ago.

I understand Ben - thank you again.

Expert:  Ben Jones replied 1 year ago.
No problem, all the best