How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

With a hearing set 18th of May 2016, both sides have

Customer Question

With a hearing set for the 18th of May 2016, both sides have amicably resolved a financial repayment over 2yrs. The court directions invite both parties to lodge an agreed set of directions not less than 5 days before the hearing, these will be referred to a district judge for consideration to vacate the hearing. As the defendant I am worried because the claimant has brought forward the Tomlin Order to sign urgently and I feel if I sign it the feel the false evidence I have found in their witness statement will be lost. Can I submit a witness statement with the truth before the 18th of May? Why are they so urgent for me sign the Tomlin Order against a standard order? And what does the Tomlin Order bind me too? At what stage in the process should I have been told I would eventually have to sign the Tomlin Order. Please advise in lay terms.
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.
Hello my name is ***** ***** I will help you with this.Just to be clear, the matter hasnt been set down for trial yet - its just listed for Directions?
Customer: replied 7 months ago.
Yes
Customer: replied 7 months ago.
Alex, I am new to this are you going to respond to my questions soon?
Expert:  Ash replied 7 months ago.
Yes a Tomln Order binds you, because that is what you have agreed.There is no point sending in a witness statement because the matter hasnt even been set down for trial.Directions is where a Judge timetables the case to trial, so even if you submit a statement now it is not going to be looked at.A Tomlin order is an order agreed between the parties and is sealed by the Courts.Can I clarify anything for you?Alex
Customer: replied 7 months ago.
Please clarify if new evidence surfaces relating to the agreement - can I bring it to the attention of the Judge? and why are they eager for me to sign the Tomlin Order against a standard order and please answer any question in the original text I sent.
Customer: replied 7 months ago.
Alex, can you please respond to all my questions and estimate a time for the response.
Expert:  Ash replied 7 months ago.
You wont need to bring anything to the attention to the Judge - you are signing a Tomlin Order. That is an agreement between the parties. What you agree is up to you, so the Judge wont be interested.I dont know why they are eager for you to sign it, but if you dont agree with the terms do not.Can I submit a witness statement with the truth before the 18th of May? No - its not relevant at this stage.Why are they so urgent for me sign the Tomlin Order against a standard order? See aboveAnd what does the Tomlin Order bind me too? It binds you to whatever has been agreed in the OrderAt what stage in the process should I have been told I would eventually have to sign the Tomlin Order. Please advise in lay terms. You dont have to sign a Tomlin order. You can refuse and the matter will go to trial.Does that clarify?Alex
Expert:  Ash replied 7 months ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions