Consent Order/settlement agreement not approved by Judge

[des8]

Agree that SRA probably wouldn't investigate this particular instance ,but the SRA Code 1.2 states: "You do not abuse your position by taking unfair advantage of clients or others.".

SAR guidance includes "Special care is needed when dealing with or corresponding with an opponent who is unrepresented or vulnerable. Solicitors must make sure that such opponents are not taken advantage of, ...."

If OP feels the solicitor has taken an unfair advantage, by all means complain.
If others have also had reason to complain the SRA might investigate.

[Pezza54]

I can't speak on behalf of the SRA. Neither should you
So what is your advice to OP?
Post 17 "consider it done and dusted"
Post 28 "complaint then legal ombudsman route"

[JK2054]

I can speak from experience that the SRA don't investigate things like that. Its a fact pezza.
the case and a complaint also arent' related.

[NancyGru101]

Hi. I have had a significant update. I made the new application and the court have removed me from the claim as per the attached general order, however, I still do not know if by removing me off of the claim, whether or not the Tomlin order still restricts me. My request was to remove me, as a defendant from the claim and consequently, the Tomlin order as I never received any money from the claimant and they didn't even accuse me of having received any. It should have been between defendant two and claimant. The order states that upon it being unclear to the court was removal of me from proceedings would have on the Tomlin order but as it appears what I want and that the claimant agreed, the judge has removed me. Surely having been removed from the claim, this would mean I would not be involved in the Tomlin order, this is what I requested. The judge repeatedly has claimed unclear, yet I was very specific in my application the reason why I wanted removed from the claim AND the Tomlin order, so as to make my own seperate claim yet it appears still vague. Should I ask for a vary, to clarify that I am removed from the Tomlin or is it just assumed that I am now off of the Tomlin given that I have been removed from proceedings as a defendant. Not sure what re-service is dispensed with either.

Thank you all again for your time and advice, cannot thank you all enough.

Regards

[Pezza54]

Please read the article "Tomlin Orders: When Are They Used?" at brittontime.com

TOs are a contractual arrangement and cannot be overturned by the court

Before you agreed to the order being signed on your behalf, you should have asked your friend to read it to you word by word.

[JK2054]

you cant be removed from a tomlin that you signed to?

[NancyGru101]

I didn't sign the Tomlin. I was unable to attend the hearing due to illness. The other defendant attended and came to an agreement with the claimant. I was informed of the terms and stated if that is what the other defendant wants and is willing to pay then fine, I agree, ie the amount and date to pay by but NOT the third condition, that neither party cannot bring a claim against the other for work done on my property, a stipulation that would only affect one person out of the 3 parties, me. The individual who called me to inform me of the terms was not informed of the third condition themselves. It was the claimants solicitor had hurriedly wrote the Tomlin whilst in the court room. Defendant two is in their mid 70s, very intimidated by court and just wanted it concluded. The work I want to claim for is building work on my property that is of an atrocious standard, that has severely damaged it and that must be remedial. I have obtained many quotes and professionals underwriting this to confirm that the work must be remedial asap at a large cost. Whatever is said and done here, I DID NOT know of that stipulation and have never agreed to it. My original court application was to set aside the Tomlin order to which a hearing was set. If it was not possible for the court to intervene, why then set a hearing date for that application? It doesnt make sense. The claimants solicitor knew fine well why I was asking to set aside the Tomlin and remove me from claim, they took full advantage of my lack of legal knowledge, my belief in in their legal integrity that they would act ethically, as I made it clear I was only prepared to pay the amount I did IF they removed me off of the claim and consequently the Tomlin. They agreed to this and yet, seemingly deliberately made a consent order knowing fine well 1. The judge wouldnt approve due to it being unclear and 2. That this Tomlin would remain. I guess all that remains now is a complaint to SRA/Legal ombudsman, would you both concur? This builder used unregistered, unqualified retired men to do a job on a property of mine, didnt supervise it or sign off on the work and what has been done is beyond belief. I cannot fail to make a claim for the sake of my property. It isnt just a financial convenience.

[JK2054]

you cannot have been added to a tomlin order if you did not attend the hearing/someone on your behalf did not attend the hearing.

You clearly gave someone authority to act for you, who signed it,.

However, you have paid the sums and the orde rhas been stayed so not sure what your worried about.

[Pezza54]

OP wants to make a claim against the builder, but the TO prevents her
OP should have counter claimed when the defence was filed
Unfortunately she came to this forum too late for helpful advice

[JK2054]

ok but the tomlin order wasnt' approved. so long as the terms required the order to be approved it doesn't matter if it prevents her, it wasnt approved.

[Pezza54]

Post 20
OP's partner attended the hearing, the judge gave permission for the partner to sign the TO after a phone call to OP
I assume the court then sealed the TO

[JK2054]

"not approved by judge" so not sure it was

[Pezza54]

that was the consent order. The TO has been stamped with the court seal

[JK2054]

why did they do two???

[JK2054]

I didn't sign the Tomlin. I was unable to attend the hearing due to illness. The other defendant attended and came to an agreement with the claimant. I was informed of the terms and stated if that is what the other defendant wants and is willing to pay then fine, I agree, ie the amount and date to pay by but NOT the third condition, that neither party cannot bring a claim against the other for work done on my property, a stipulation that would only affect one person out of the 3 parties, me. The individual who called me to inform me of the terms was not informed of the third condition themselves. It was the claimants solicitor had hurriedly wrote the Tomlin whilst in the court room. Defendant two is in their mid 70s, very intimidated by court and just wanted it concluded. The work I want to claim for is building work on my property that is of an atrocious standard, that has severely damaged it and that must be remedial. I have obtained many quotes and professionals underwriting this to confirm that the work must be remedial asap at a large cost. Whatever is said and done here, I DID NOT know of that stipulation and have never agreed to it. My original court application was to set aside the Tomlin order to which a hearing was set. If it was not possible for the court to intervene, why then set a hearing date for that application? It doesnt make sense. The claimants solicitor knew fine well why I was asking to set aside the Tomlin and remove me from claim, they took full advantage of my lack of legal knowledge, my belief in in their legal integrity that they would act ethically, as I made it clear I was only prepared to pay the amount I did IF they removed me off of the claim and consequently the Tomlin. They agreed to this and yet, seemingly deliberately made a consent order knowing fine well 1. The judge wouldnt approve due to it being unclear and 2. That this Tomlin would remain. I guess all that remains now is a complaint to SRA/Legal ombudsman, would you both concur? This builder used unregistered, unqualified retired men to do a job on a property of mine, didnt supervise it or sign off on the work and what has been done is beyond belief. I cannot fail to make a claim for the sake of my property. It isnt just a financial convenience.

Ok so there is a hearing date for the issue of tomlin.

At the hearing, you need to bring up the points you've made. You should ideally make a witness statement to show this.