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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4979
Experience:  Solicitor
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I signed a Tomlin Order to pay £105,000, two days before

Resolved Question:

I signed a Tomlin Order to pay £105,000, two days before trial, as was told it could cost me £200,000 if I lost. My question is whether I could make a claim against the person who claimed against me for telling lies in her witness statement, which was in the trial bundle sent to the court for trial, even though there was no trial. Is this contempt of court as she signed the witness statement that it was true? Also is her solicitor implicated as I sent proof that the allegations in the witness statement were lies?
If I made a claim have do I have any chance of recovering any money or am I clutching at straws?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

I assume you were aware of what was in the witness statement when you signed the Tomlin order?

Customer: replied 1 year ago.
Hello Jamie this is Neil who stupidly signed the Tomlin Order as I was advised the cost if I lost at trial. Yes I was aware of the lies in the witness statement and this had been told to the claimants solicitor but they ignored me and didn't respond to my points and I felt very pressured 'to do a deal.'
Expert:  Jamie-Law replied 1 year ago.

Sadly there is nothing you can do. You signed the Tomlin Order. The Court has no power to go behind it.

If you knew the statement was suspect, you should not have signed. But you did so with knowledge.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
am aware can't change Tomlin and have to comply with it. My question is can I,after paying, then make a claim myself against the claimant because of the lies in a witness statement that was taking me to court and then signed the Tomlin to avoid the potential huge cost of losing. I bottled it, but does signing mean there is no recourse against the claimant at all ?
Expert:  Jamie-Law replied 1 year ago.

Sadly not. You signed the order.

Does that clarify?

Customer: replied 1 year ago.
I think you mean she has got away with it and I can't do anything about it as the claim became history as soon as I signed?
Expert:  Jamie-Law replied 1 year ago.

Sadly yes. I am sorry its not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Jamie-Law and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Jamie, glad you work at night.Best regards
Neil
Expert:  Jamie-Law replied 1 year ago.

Im just off to bed now!

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!