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My husband is the 2nd defendant in a 3 brother partnership dispute. All three partners are in their 80s/90s. In March, the partners reached an agreement and prepared and signed a Heads of Terms Agreement for professional drafting. SIx months on and the Claimant has not expedited the agreement. In July, the 1st defendant's solicitor proposed a brief consent order as follows:
The Claimant be granted permission to discontinueall of the claim against the Defendants.
Each party shall bear its own costs.
The Claimant revised the wording to:
UPON the Application of all parties and by consent IT IS ORDERED THAT:
The action be dismissed.
There be no order for costs.
The 1st defendant signed the Claimant's version, but my husband (2nd defendant) is not in favour of it as it doesn't deal with the issue of the agreement being expedited or actioned. He is also wary of the change of wording, especially discontinuance vs dismissed. His solicitor has therefore proposed a Tomlin Order, with the agreement being included as a schedule.
Currently, we are in a stalemate situation as the 1st defendant just wants the court case ended and is not particularly bothered if the agreement doesn't go through, and the Claimant has written to us saying he will compel my husband to sign his version and they will seek their costs from him. He has had no response to his Tomlin order proposal as yet.
I am at my wits end wondering where to go next?
Can my husband be forced to sign the claimant's version?
What if he doesn't?
Can the Claimant proceed with the consent order signed by him and defendant 1?
Any help would be much appreciated.
The Claimant be granted permission to discontinueall of the claim against the Defendants.
Each party shall bear its own costs.
The Claimant revised the wording to:
UPON the Application of all parties and by consent IT IS ORDERED THAT:
The action be dismissed.
There be no order for costs.
The 1st defendant signed the Claimant's version, but my husband (2nd defendant) is not in favour of it as it doesn't deal with the issue of the agreement being expedited or actioned. He is also wary of the change of wording, especially discontinuance vs dismissed. His solicitor has therefore proposed a Tomlin Order, with the agreement being included as a schedule.
Currently, we are in a stalemate situation as the 1st defendant just wants the court case ended and is not particularly bothered if the agreement doesn't go through, and the Claimant has written to us saying he will compel my husband to sign his version and they will seek their costs from him. He has had no response to his Tomlin order proposal as yet.
I am at my wits end wondering where to go next?
Can my husband be forced to sign the claimant's version?
What if he doesn't?
Can the Claimant proceed with the consent order signed by him and defendant 1?
Any help would be much appreciated.
