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We settled out of court against a company who we pursued due to discrimination case. There was a Tomlin order signed and stamped by the judge and it contained two parts, one was a settlement figure which has since been paid, the second was an agreement to do work to make a place accessible.
The Tomlin order states that they must do the work "however the hrase used is The company will use reasonable endeavours to ensure the work is completed within 6 calender months that the date of the Tomlin order and settlement agreement was duly executed by both parties". The date this was executed was 21st November 2017 and is nearly up and as yet no work has taken place. The contents of the agreement where made confidential.
We pursued via a no win no fee solicitor and solicitor took 25% of the settlement as agreed, our concern is though that towards the end of signing Tomlin order and settlement documents the solicitor we used seemed quite upset because the costs he listed were sent to judge to determine if they were reasonable and were far off by thousands. hence why he took 25% from us, but even that didn't cover what they had lost as far as he was concerned but he was unable to prove that these were reasonable and that the other side should pay them, and I'm inclined for once to agree with other side. The issue been is it left us in a strained position and when we attempted today to talk to one of them about the worry that the work hadn't been completed, they seemed to have little interest in the case and told us that this is a new case and they would have to weigh up whether or not to take it on. I don't feel they will due to the loss they made last time but where do we stand. Can we use no win no fee to enforce the work to be done as it was agreed or do we have to pursue this ourselves and if so how do we start. Does a no win fee contrat finish when the work is done or after an agreement is signed with the other party.
Also does this mean we start our no win no fee agreement again, as this wasn't actually decided in court it was settled out of court and Tomlin order was sealed by the judge. The following term is listed in our agreement with solicitor, but does this apply to the breach of a Tomlin order too or is this just if the judge has ordered something and it hasn't been enforced.
In the event that your claim against your opponent is successful and judgment is granted in your favour, this does not necessarily mean that your opponent will willingly pay monies ordered to be paid pursuant to that judgment. Very often, the Defendant in an action will not satisfy the judgment unless further steps are taken to enforce the judgment. There are several methods of enforcing a judgment which includes instructing the High Court Sheriff/County Court Bailiff; Attachment of Earnings if the opponent is an employee; obtaining a Charging Order if your opponent has any assets including property and bankruptcy or winding up proceedings depending upon whether your opponent is an individual or a company. You must appreciate that further work will have to be undertaken on your behalf to enforce the Judgment if your opponent fails to pay and that further costs will be incurred on your behalf, for which you will be responsible to pay, to take steps to enforce the Judgment.
The Tomlin order and offer was made by them, however they did repeatedly argue doing the work until last minute they decided to offer us the work and a settlement. It was never about the money so we are quite upset as we made that clear to our solicitor and that we were more bothered about the work but they insisted we would not get one without the other. so applied for compensation. Where do we stand with this as the payment was made quite quickly and in agreed time but no work has started and they have not notified us of any delays or excuses.
The Tomlin order states that they must do the work "however the hrase used is The company will use reasonable endeavours to ensure the work is completed within 6 calender months that the date of the Tomlin order and settlement agreement was duly executed by both parties". The date this was executed was 21st November 2017 and is nearly up and as yet no work has taken place. The contents of the agreement where made confidential.
We pursued via a no win no fee solicitor and solicitor took 25% of the settlement as agreed, our concern is though that towards the end of signing Tomlin order and settlement documents the solicitor we used seemed quite upset because the costs he listed were sent to judge to determine if they were reasonable and were far off by thousands. hence why he took 25% from us, but even that didn't cover what they had lost as far as he was concerned but he was unable to prove that these were reasonable and that the other side should pay them, and I'm inclined for once to agree with other side. The issue been is it left us in a strained position and when we attempted today to talk to one of them about the worry that the work hadn't been completed, they seemed to have little interest in the case and told us that this is a new case and they would have to weigh up whether or not to take it on. I don't feel they will due to the loss they made last time but where do we stand. Can we use no win no fee to enforce the work to be done as it was agreed or do we have to pursue this ourselves and if so how do we start. Does a no win fee contrat finish when the work is done or after an agreement is signed with the other party.
Also does this mean we start our no win no fee agreement again, as this wasn't actually decided in court it was settled out of court and Tomlin order was sealed by the judge. The following term is listed in our agreement with solicitor, but does this apply to the breach of a Tomlin order too or is this just if the judge has ordered something and it hasn't been enforced.
In the event that your claim against your opponent is successful and judgment is granted in your favour, this does not necessarily mean that your opponent will willingly pay monies ordered to be paid pursuant to that judgment. Very often, the Defendant in an action will not satisfy the judgment unless further steps are taken to enforce the judgment. There are several methods of enforcing a judgment which includes instructing the High Court Sheriff/County Court Bailiff; Attachment of Earnings if the opponent is an employee; obtaining a Charging Order if your opponent has any assets including property and bankruptcy or winding up proceedings depending upon whether your opponent is an individual or a company. You must appreciate that further work will have to be undertaken on your behalf to enforce the Judgment if your opponent fails to pay and that further costs will be incurred on your behalf, for which you will be responsible to pay, to take steps to enforce the Judgment.
The Tomlin order and offer was made by them, however they did repeatedly argue doing the work until last minute they decided to offer us the work and a settlement. It was never about the money so we are quite upset as we made that clear to our solicitor and that we were more bothered about the work but they insisted we would not get one without the other. so applied for compensation. Where do we stand with this as the payment was made quite quickly and in agreed time but no work has started and they have not notified us of any delays or excuses.
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