HoTs agreement/Tomlin schedule/partnership dispute

[Guest]

My husband is a 2nd defendant in a three brother partnership dispute. It has been going on for over 5 years and to cut to the chase a Heads of Terms agreement was signed by the 3 partners in February 2020. Since then the Claimant has done nothing - blaming Covid-19 mainly as the reason. We, on the other hand, have been active throughout in trying to bring matters to a conclusion especially bearing in mind the 3 partners are 90, 87, and 85. The HoTs agreement does not have a time limit, but does include that “time is of the essence” and “best endeavours”. In September 2020 our solicitor proposed a Tomlin order which the Claimant agreed to but the 1st defendant asked for a timeline schedule to be attached to the order. The Claimant argues that this is not possible as it’s not in the HoTs agreement. Is this correct? I read somewhere that if the parties are in agreement the schedule doesn’t have to be identical to the HoTs. Clarification on this matter would be most appreciated.