Need help over Tomlin order

[samosa111]

Hi there

This is my first post on this forum so please forgive me if I have missed any informal protocol.


Background
I issued proceedings against a building contractor for substandard work and I have been awarded a judgement against them (by default).

The contractor's solicitor initially submitted a defence and an application to set aside the judgement. However, today they have written to me agreeing to settle the claim in full. They have provided a Tomlin order (link below).

Link to Tomlin order -
page 1 - https://1drv.ms/b/s!AnnWeH4tszETkoV7...SXeFQ?e=UmZKOC
page 2 - https://1drv.ms/b/s!AnnWeH4tszETkoV8...G5BDQ?e=yGlOgc


Question
I am happy to settle but I am not prepared to wait 14 days after the judgement is set aside, as this could take several weeks. Furthermore, I do not wish to be exposed to the risk of the contractor defaulting on payment, then me having to go through all the rigmarole of having to re-apply to court again.

The outcome I am seeking is to receive payment immediately upon receipt of signing whatever documents are necessary. Can anyone help with this?


Thanks in advance!

[atticus]

that provides for payment within 14 days after signing. If not it says you have the right to apply for judgement, which will be a performance in itself.

This is not acceptable.

And they can't spell 'except' - para 2 on page 1.

[samosa111]

atticus many thanks for your reply.

I'm happy to sign this document, subject to receiving an immediate payment in return.

What do you propose I respond with?

[atticus]

in that case you can't sign that document. You need to insist on payment on signature.

[atticus]

A practical solution might be for you to say that you will sign on receipt of (1) confirmation from those solicitors that they hold the settlement money in their client account and (2) their unequivocal undertaking to pay that money to you immediately they receive the document signed by you.

[samosa111]

That's very helpful. I'll copy and paste that into an email to them.

Thank you for your assistance.