Tomlin Order

[BrightonRose]

Hi, is there anyone here, who would be able to advise on a Tomlin order?

Many thanks.

[atticus]

Yes. What is the question?

[BrightonRose]

Hi its the wording, and just wanted to know if it is correct.

[BrightonRose]

3. The Claimant, at its sole discretion, may require the Defendant to provide a signed and completed financial statement and supporting documents at 6 monthly intervals and may request that upon considering the information provided by the Defendant, this schedule is varied to increase the instalments. The Claimant will provide the Defendant with 21 days written notice of such a variation. Failure to provide any financial statement on reasonable request and failure to pay any increased instalment amount shall be considered a default event and paragraph 5 of this Schedule shall apply.

[atticus]

Is that in the main part of the draft order or the Schedule? Can we see the full wording please.

[BrightonRose]

Can I post to you, in DM's? rather than on the board??

[atticus]

As per my signature, I do not advise by pm.

[BrightonRose]

UPON the Claimant ad Defendant mutually agreeing the terms set forth below in full and final settlement of this claim and all other counterclaim, or new claim that the Defendant may seek to bring against the Claimant. AND UPON no parties attending BY CONSENT ORDERED that:

1. The action against the Defendant be stayed on the basis of the terms set forth in this schedule hereto, save for the purpose of carrying such terms into effect;
2. There be liberty to either party to apply as to the implementation of such terms;
3. No order as to costs

[BrightonRose]

THE SCHEDULE

1. The Defendant to pay the Claimant the sum of £ (“the Settlement Sum”) in full and final settlement of this claim and all or any other counterclaim, or new claim, that the Defendant may seek to bring against the Claimant. It has been agreed that any further interest will be waived if this Settlement Sum is paid. The settlement sum includes £ Court fee for this application fee.

2. The Claimant agrees to accept the Settlement Sum (time being of the essence for payment) to be paid way of monthly installments of minimum £0. The first payment to be made by no later than *********** 2023, and on the last day of each month thereafter.

3. The Claimant, at its sole discretion, may require the Defendant to provide a signed and completed financial statement and supporting documents at 6 monthly intervals and may request that upon considering the information provided by the Defendant, this schedule is varied to increase the instalments. The Claimant will provide the Defendant with 21 days written notice of such a variation. Failure to provide any financial statement on reasonable request and failure to pay any increased instalment amount shall be considered a default event and paragraph 5 of this Schedule shall apply.

4. Payment is to be made by bank transfer into the following account quoting the reference no: *****. Account Name: A******************

5. If any payment is late, and or missed, and or in the wrong amount, or should the Defendant default as to Paragraph 3 of this Schedule, the Claimant be at liberty to enter Judgment (payable forthwith) against the Defendant for the full amount claimed of ************, less any payments made under this order, together with further interest payable and costs incurred to date by the Claimant. We hereby consent to an order in the above terms.

[BrightonRose]

Can I post to you, in DM's? rather than on the board??

Arhh, yes I see that now.

[atticus]

The content of post 8, which is the actual court order, is standard and acceptable.

My next post relates to the Schedule.

[atticus]

THE SCHEDULE

1. The Defendant to pay the Claimant the sum of £ (“the Settlement Sum”) in full and final settlement of this claim and all or any other counterclaim, or new claim, that the Defendant may seek to bring against the Claimant. It has been agreed that any further interest will be waived if this Settlement Sum is paid. The settlement sum includes £ Court fee for this application fee.

Nothing to say

2. The Claimant agrees to accept the Settlement Sum (time being of the essence for payment) to be paid way of monthly installments of minimum £0. The first payment to be made by no later than *********** 2023, and on the last day of each month thereafter.

Does it really say "minimum £0"? If so, do not point this out to the Claimant! NB time of the essence: the slightest delay triggers the default in para 5.

3. The Claimant, at its sole discretion, may require the Defendant to provide a signed and completed financial statement and supporting documents at 6 monthly intervals and may request that upon considering the information provided by the Defendant, this schedule is varied to increase the instalments. The Claimant will provide the Defendant with 21 days written notice of such a variation. Failure to provide any financial statement on reasonable request and failure to pay any increased instalment amount shall be considered a default event and paragraph 5 of this Schedule shall apply.

The first sentence provides that an increase will be requested. Requests may be turned down. The second sentence appears to provide for unilateral increase on notice - not a request. Possible conflict/ambiguity.

4. Payment is to be made by bank transfer into the following account quoting the reference no: *****. Account Name: A******************

5. If any payment is late, and or missed, and or in the wrong amount, or should the Defendant default as to Paragraph 3 of this Schedule, the Claimant be at liberty to enter Judgment (payable forthwith) against the Defendant for the full amount claimed of ************, less any payments made under this order, together with further interest payable and costs incurred to date by the Claimant. We hereby consent to an order in the above terms.

Note para 5. The sting in the tail, the sanction for not maintaining payments bang on time.

[BrightonRose]

2. The Claimant agrees to accept the Settlement Sum (time being of the essence for payment) to be paid way of monthly installments of minimum £0. The first payment to be made by no later than *********** 2023, and on the last day of each month thereafter.


Does it really say "minimum £0"? If so, do not point this out to the Claimant! NB time of the essence: the slightest delay triggers the default in para 5.

No, it says an amount, but didnt want to put those details in here.


3. The Claimant, at its sole discretion, may require the Defendant to provide a signed and completed financial statement and supporting documents at 6 monthly intervals and may request that upon considering the information provided by the Defendant, this schedule is varied to increase the instalments. The Claimant will provide the Defendant with 21 days written notice of such a variation. Failure to provide any financial statement on reasonable request and failure to pay any increased instalment amount shall be considered a default event and paragraph 5 of this Schedule shall apply.

The first sentence provides that an increase will be requested. Requests may be turned down. The second sentence appears to provide for unilateral increase on notice - not a request. Possible conflict/ambiguity.

Yes this is the point that has confused me.

Worse still is that I am running out of time, they want an answer by midday, today or they will proceed. I do think they read this board as well.

[BrightonRose]

Many thanks for that, Ive called and requested that they may look at that sentence again, they will email me back with a yes or no. Thanks for the speedy replies.