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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71129
Experience:  Over 5 years in practice
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I issued proceedings against my sister 8 years ago. and nearly

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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?

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. and other Law Specialists are ready to help you
Customer: replied 3 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 3 years ago.

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

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.