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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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To avoid trial I signed a Tomlin order two days before as

Resolved Question:

To avoid trial I signed a Tomlin order two days before as the cost of losing at court could have been double the amount I agreed. However a friend who is loaning me the money has looked at the witness statement of the claimant and spotted that it contains false allegations (lies), which he says could be contempt of court.
If a pay half the money which I accept I owe, can the claimant get automatic judgement for the balance or if my friend is correct would the court maybe strike out the balance because of contempt of court?
Submitted: 11 months ago.
Category: Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, you have signed the Tomlin order and it has been sealed?

Customer: replied 11 months ago.
It was July 18th and court date was vacated, if that is what you mean by sealed. I have to pay by 30th September.
Customer: replied 11 months ago.
I think I made a mistake in signing the Tomlin order because of huge cost if the court awarded the full claim plus interest and fees, but feel now that even if I didn't win the claimant would have won less than I agreed by signing.
Expert:  Jamie-Law replied 11 months ago.

Has the Court stamped the Order?

Customer: replied 11 months ago.
I do not know what the solicitor for the claimant has done as I didn't contact the court to vacate the trial which was to be 20th July. If stamped means vacated then I assume it has been. I have not received anything from the court since I signed the order
in the claimants solicitiors office 18th July.
Expert:  Jamie-Law replied 11 months ago.

if the court has sealed the order, then you have agreed to it.

If you only pay a part of it the other side will apply to set aside and enforce the order.

A Tomlin order is one agreed by the parties. If it has not been sealed then you can withdraw from it.

But if it has been signed then sadly you are bound by it. The court has no control about what the parties agree in such an order, but it is for you to make sure you are satisfied with it.

So if the order has not been approved by the court, you can get out of it.

Can I clairfy anything for you about this today please?

Customer: replied 11 months ago.
Please clarify what you mean by 'the other side will apply to set aside and enforce the order'Does that mean set aside the Tomlin order and get judgement to enforce the full amount of the Tomlin order OR get judgement to enforce the full amount of the claim, which would be a lot more than the Tomlin order?
Does the point my friend made re Contempt of Court not have any relevance because I signed aTomlin order?
Expert:  Jamie-Law replied 11 months ago.

To enforce the Tomlin order.

Re contempt of court - correct. It's not a consent order by the court. It is a Tomlin order, the court does not and can not get involved in that.

The court will take the view you signed the Tomlin order, you are bound by it.

Does that clarify?

Customer: replied 11 months ago.
thank you for your help.
Expert:  Jamie-Law replied 11 months ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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