Consent Order/settlement agreement not approved by Judge

[NancyGru101]

The fact the order wasn't approved. We have an agreement with the claimant, that I am removed from the claim, I paid the agreed amount and yet the consent order listing the agreement wasnt approved. Now the claimant has my money, fully ignoring me and I do not know how to proceed. I cannot believe something like this can happen, between two parties that have an agreement and after we have made payment. It is truly sickening. Surely there is something I can do. I have the emails between me and their solicitor, coming to agreement as well as the signed consent order. Please can someone advise me on what options I would have, beyond sending a formal letter to the claimants solicitor, which I have done (third email) and it has been ignored.

[JK2054]

what do you want to do? It doesnt make sense

personally i think you should just consider it done and dusted

[NancyGru101]

I paid the agreed amount so that I am removed from the Tomlin order, which has a stipulation within it saying no party can make a claim against one another. I intend to make a claim, worth almost £10,000. They agreed to remove me from the claim, so that I would not be bound by that stipulation if I made the payment, to which I did.

[Pezza54]

For the TO to be effective you would have had to have signed it. You have been asked this question in an earlier post but didn't answer

[NancyGru101]

Apologies I thought I had explained that as I was ill, I didn't attend and thus didn't sign it. My partner did and signed the TO on my behalf. Once defendant two and claimant came to an agreement, I recieved a very brief call from my partner to explain to me they had reached agreement and I said "fine, ok, if thats what she wants". I was NOT informed of the stipulation of no further claim and would not have agreed to it.

[NancyGru101]

The general order that I recieved, which declined to approve the consent order deadline is today. I have finally heard back from the claimants solicitor. They are not offering to do another consent order. The liberty to restore application is to restore the hearing to set aside the Tomlin. I can apply for this but I want to vary the request, I want to say to remove me off of the claim or Tomlin order but I want to be clear. As the claimant have agreed to remove me from the claim within their emails, this sets a precedence surely as they agreed, their words, to remove me from the order provided I make the payment, which I did. Your advice is invaluable, I cannot thank all of you enough. One last time, if you could kindly help me, I appreciate it so much. I just need to word my application, what I am asking the judge to do, carefully and correctly. Do I ask to be removed from the Tomlin or have the stipulation of no further claim, removed, or something else?

[Pezza54]

I'm not sure whether the court will accept your friend's signature on the TO.
Have you received a sealed copy from the court?
if not you should telephone the court and ask court staff
If you are told it has to be your signature you can stop worrying about the TO

[NancyGru101]

The document was signed by friend within the court, infront of the judge. It was sealed.

[Pezza54]

Now I am confused. The General Form of Judgement or Order states "with neither party attending the hearing"

Can you post the wording in the TO that restricts future claims

[NancyGru101]

This is the Tomlin order.

[Pezza54]

The Tomlin Order is dated April 2023
Why has it taken you so long to dispute the wording in the TO and decide to make a claim?

[Pezza54]

In your case the only way the TO could be set aside or varied is by consent with the claimant.
The claimant's solicitor consented to vary the TO but when you paid the money the solicitor failed to draft the consent order as agreed, made a court application and filed the consent order which was not written properly and unsurprisingly the Judge did not approve it.
IMO the claimant's solicitor could have refused your request for consent and returned to court to enforce the TO
What the solicitor has done comes across as sharp practice, to ensure his client's money is received quicker.
You can make a complaint about the solicitor with the SRA, stating what happened and providing emails and the poorly drafted consent order

[JK2054]

not a SRA matter not a breach of SRA rules.
would be a firm complaint then legal ombudsman route

[Pezza54]

SRA Code of Conduct 4.3
"You ensure that your managers and employees are competent to carry out their role, and keep their professional knowledge and skills, as well as understanding of their legal, ethical and regulatory obligations, up to date."

"ethical": behavior as right in the moral sense - truthful, fair and honest

[JK2054]

pezza again we've had this before where you're wrong and dont want to acept it. I guarantee you that the OP's problem will not be looked into by the SRA