Tomlin order reversal

[Iron man]

I am involved in a rather large cival fraud case involving a vile company called BES or BES utilities.
The history with myself and BES is simple and yet convoluted.
They are in fact soon to be having a wonderful and spectacular demise. And it will be a national event.
However in the time between now and when the hammer falls I need to prove case law that overturns a tomlin order, namely fraud As a reason to overturn the order.
I have trolled for the answer but it eludes me still.
Can anyone help?

[Amethyst]

Re: Tomlin order reversal

Ahh good to hear you are getting somewhere with this. It would require an application to set aside the Tomlin Order. Not easy though.

Zurich Insurance Company plc v Hayward [2011] EWCA Civ 641

Quite a few articles about on a google of the case ... it is a personal injury case that was settled by Tomlin, then it was later found the claimant party had commited fraud ( lying about severity of injury)

While consent orders were no doubt capable of giving rise to an estoppel, that was not automatically so, and Tomlin orders were no different.

[Iron man]

Re: Tomlin order reversal

Thank you amethyst
Yes indeed this company is not aware of its demise just yet.
However the fraud was commited by them and they stuck a tomlin on me. I tried to set it aside but I couldn't prove fraud. Now of course it's easier with ofgem wrapping them and trading standards coming in.
The judge asked that if I can show case law where fraud is evident he would quash all previous judgement

[Amethyst]

Re: Tomlin order reversal

Okay case law with BES specifically ? or in setting aside a Tomlin generally ?