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Re: High Court Bailiff - do they know what they are doing?
Update.
Well out of the blue I was offered a settlement figure; just before the hearing date. After a bit of negotiation we reached a figure that I was happy to move forward on. The settlement was based on me signing a notice of discontinuance N279 and Tomlin order. They advised there was no need to go to court as they wouldn't send anyone either.
I went to court as I don't trust them; and to my surprise (sarcasm) they had sent a lawyer. The lawyer hadn't prepared and started to ask me about the case. I told him to go away.
We were called to the judge. The judge had been made aware of the settlement. I has sent documents through in advance. I advised the judge that we had reached a settlement, had a Tomlin Order signed by both parties, and a signed N279 notice of discontinuance.
The judge was brilliant. He was totally perplexed by receiving a Tomlin Order and a N279 notice of discontinuance. After much legal discussion between the lawyer and the judge - I got a sense the judge was making it clear that they were acting unprofessionally, to the point of making the lawyer re-write the Tomlin Order. He gave judgement referencing settlement figure to be paid and that the N279 was not required.
On my return I looked more into N279 and Tomlin orders and as a layperson I'm confused on the practice direction here. Any help here might aid others in a similar situation.
Thanks in advance.
Layperson.
Update.
Well out of the blue I was offered a settlement figure; just before the hearing date. After a bit of negotiation we reached a figure that I was happy to move forward on. The settlement was based on me signing a notice of discontinuance N279 and Tomlin order. They advised there was no need to go to court as they wouldn't send anyone either.
I went to court as I don't trust them; and to my surprise (sarcasm) they had sent a lawyer. The lawyer hadn't prepared and started to ask me about the case. I told him to go away.
We were called to the judge. The judge had been made aware of the settlement. I has sent documents through in advance. I advised the judge that we had reached a settlement, had a Tomlin Order signed by both parties, and a signed N279 notice of discontinuance.
The judge was brilliant. He was totally perplexed by receiving a Tomlin Order and a N279 notice of discontinuance. After much legal discussion between the lawyer and the judge - I got a sense the judge was making it clear that they were acting unprofessionally, to the point of making the lawyer re-write the Tomlin Order. He gave judgement referencing settlement figure to be paid and that the N279 was not required.
On my return I looked more into N279 and Tomlin orders and as a layperson I'm confused on the practice direction here. Any help here might aid others in a similar situation.
Thanks in advance.
Layperson.
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