Court claim (goods not delivered - taken supplier to court)

[R0b]

In the consent order, amend to say:

UPON the application of [claimant/defendant] by notice dated [insert date]

AND UPON reading the written evidence filed

And the parties having agreed to the terms set out in a confidential schedule, copies of which are held by the parties and/or their legal representatives

In the Schedule:

1. The Defendant shall pay the Claimant the sum of £235 within [14/28] days of the date of this consent order (the "Settlement Sum"). The Claimant acknowledges and agrees that the Settlement Sum is made without admission of liability

2. The Settlement Sum is in full and final satisfaction of any claims which the Claimant has or may have against the Defendant in connection with the claim in these proceedings whether such claims are, or could be, known to the Claimant at the date of this Schedule.

I would delete your paragraph 2 of the Schedule as it does not serve you any benefit.

For both the Consent Order and Schedule, add a "date" line underneath the name/signature.

[gio70]

Thanks again R0b, much appreciated.

So, that is possible then - to have such order, even though I am litigant in person (I remember reading somewhere that to act on such orders both parties need to be represented)?

Also, should I change the title to "TOMLIN ORDER" instead of "CONSENT ORDER" as this is a Tomlin order?

I also assume I should print and send three copies of the order to be signed (one for each party and the court) and two copies of the schedule also to be signed by myself and the defendant with each party to keep signed original.

The application then should only include the signed order, but not the schedule, correct?

Thanks again.

[R0b]

So, that is possible then - to have such order, even though I am litigant in person (I remember reading somewhere that to act on such orders both parties need to be represented)?

If both are represented then a court advisor normally deals with it but the rules state if one is unrepresented it should go before a judge.

Also, should I change the title to "TOMLIN ORDER" instead of "CONSENT ORDER" as this is a Tomlin order?

Neither here nor there really, a Tomlin Order is still a consent order for these purposes.

I also assume I should print and send three copies of the order to be signed (one for each party and the court) and two copies of the schedule also to be signed by myself and the defendant with each party to keep signed original.

Last I checked it was one application, one copy of the order and the court will issue a new one sealed by the court turning that into an order.

The application then should only include the signed order, but not the schedule, correct?

Yes. Documents filed with court are public documents that can be accessed unless the court orders otherwise. Do not include the schedule but remember the onus is now on you to ensure it is retained. If you lose it and there is a related dispute in the future, that may cause you problems.

[gio70]

Awesome, thanks again R0b.

Just to confirm then: for myself, I'd need to retain original of the signed schedule (signed by both parties!) and give one original of the order to the court (no schedule included there) so that they bring it before the judge and do whatever they need to do, then serve a sealed copy of the order to all parties, correct?

One more question: I take it when I fill in N244, I have to enclose £108 (as I will be covering the fee for this) as per EX50 (General application / Application by consent or without notice where no other fee is specified), right?

Thanks again.

[R0b]

For the court you give: Completed N244 application + Consent Order and then if the court/judge has no issues it will send a sealed order in the same format to all parties. If the judge wants to ask more questions or thinks your application is a bit of a sham or hiding something then expect the court to order a hearing asking for you to explain the purpose of the N244.

Either enclose a cheque within the application, I would suggest you staple it to the N244 or you file the application and then call up to pay over the phone.