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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50466
Experience:  Qualified Solicitor
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I would be most grateful if you could explain, in layman

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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.
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 2 years 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?

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 2 years 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.

ok, sorry I cannot say whether you should or should not as I have very few details but bet of luck!
Customer: replied 2 years ago.

I understand Ben - thank you again.

No problem, all the best