Ganymede - The Tomlin order has a schedule on confidentiality. I simply can't post it and risk it

Sure, indeed. The question relates more to whether they can apply and get an order without notice (which is possible and they have attempted it before) in such circumstances. Of course, that part isn't a concern. It's whether we get to show it to a judge in the first place. Does an attempt at enforcement require notice to be given? The nightmare scenario is that a hearing is not ordered, we get no notice, the judge makes the order without one, we never hear of it and are never allowed to make our case. We then have to go through the process of appeal. Agreed, but that is something we will definitely look to reopen if proceedings are brought on us fraudulently. Their claim we breached is based entirely on such "evidence". That's the problem. Wasted costs, vexatious litigation, you could not get a worse type of opponent for the law to "side" with and I just want to make sure we get a fair hearing (indeed, get one at all).

@steampowered - No, definitely not! The question is do they have to be forced to prove it or can they basically get it or claim a breach on heresay or false evidence?

BazzaS, that is am excellent response! This is my understanding of events. Technically, if I am allowed to have any faith in the justice system, I'm OK with either a) or b). If the stay is lifted, the old evidence comes to light, which I did argue at the time was fraudulent (it is contempt, as they signed the declaration of truth in both their defence and counterclaim and then key witness statements declaring the existence of material which they submitted and created 6 months later. I also obtained a witness statement from a third party who was privy to that material being generated, but was innocent of it (it relates to quotations received for work they claimed the obtained quotes for as some symbolism of losses). Those quotes were generated and obtained 6 months after their counterclaim. If this is provided for examination, I am happy with that. As for b). This is also fine, as long as I am given the chance to have my side of the story heard. We have very very robust evidence that we have not breached the Tomlin order, yet they are including material that existed prior to it's inception and indeed, formed part of their counterclaim which has been stayed. They have not actually presented an argument. Simply yhat we have breached and included those snippets. This is purgery/contempt as well. Though of course, this is new evidence that did not exist at the time of the original claim. This is where I am absolutely kicking myself! I had a barrister who advised me to take the settlement. Literally dropped my case dead in front of me. As if he could do nothing. I wanted this heard! I don't know why I settled and why he told me to settle. Indeed, he advised that we could approach the points of contempt and purgery later. Since you could not get a clearer example of it. This may still be useful. How does that work with the new fraud? Since they are alleging breaches which are not breaches but they have fabricated evidence to the effect that they are new frauds. My eyes were not that wide open, since I was a LiP. Albeit represented on the day, the barrister had 1 day to become familiar with my case. Yes, this is my understanding. Hence, why i ask the question now. Exceptional references, thank you. I don't currently intend to reopen the case. However, given their actions so far, I may very well open it if required. They are clearly abusing process on a number of fronts. Thanks for your points. Given the complexity of the case, I'm happy if this goes into other tracks than small claims. The fact it was small claims denied us justice in the first place. Thank you for your help so far. You seem very experienced in this, I'm very impressed!

Hi, I have a Tomlin order against myself. It was "agreed" literally just before a trial in the small claims track. The court itself had lost an application I had made, despite having the receipts to confirm delivery. As a result, my witness statement was potentially ruled inadmissible. I had started the claim for non-payment of an invoice for work I carried out. They put in a defence and counterclaim, which itself was late and I got a default judgement against them. They managed to get my default judgement set aside, by some fluke, even though they took two weeks to apply, didn't attempt any form of emergency filing and the court didn't receive a fee nor a form from them. They were represented from the outset and I was a litigant in person. The job itself had an element of fraudulent misrepresentation to it (directors who were not directors, but were directors, the company having a parent company - used to bring us on board - that was not a parent company, claims of more work when there was none etc.). I decided not to pursue that at the time (which looking back now, was probably a mistake). Throughout the case, the other side made false declarations of truth and indeed, made evidence up long after (some 6 months after) the claims they made in their defence and counterclaim. However, on the day, they then brought up a technicality and to my horror, the court had no record of my application for relief from sanction! I have the receipts form the court and they lost it! This was fatal! This led to me having no choice but to sign a Tomlin order which was very one sided, even though their counterclaim was frivolous. We had a Barrister (direct access) who, as excited as he was originally (as far as he was concerned, it was not lose-able) literally flipped on a coin and exclaimed that I really didn't have much choice. So I sort of agreed!? The Tomlin schedule included confidentiality clauses and comment on opinion. Previously, I had alerted a number of people about the company and their practises and the Tomlin order required I remove those. So I did. It is all gone. Yet, they are now claiming some third party, who has never been part of the claim, the proceedings or anything else, has violated the order!?! Despite there being no relationship, no content, nothing. It is literally a random's twitter feed. They are also now claiming that the content that was there, is still there. They have provided the content without a date stamp. I suspect they have kept a copy on their own hard disks locally and are reprinting PDF's of the content. Hence, they are again fabricating evidence. This is a technical point, which is the concern my barrister had at the time. His view was the judge would not understand the technical aspects of our case and thus, would rule against me. Now, I've got content to prove their fabrication. I'm not too worried about it, since as long as I can present it to the judge, I am pretty sure we'll be fine and it will expose their lies too. This time I have a solicitor and due to these spurious allegations, it may well be I am going to be subject to an enforcement order and have to go to court (incurring more losses). They have been harassing me and my solicitor for the best part of 2 weeks to boot multiple times a day. I would really appreciate knowing what happens during such a hearing (indeed, I hope that we do get a hearing - I don't want them to apply "at liberty" and get an enforcement order with no notice to me). The fact we had to settle on a Tomlin, without payment of our outstanding debt, under duress, given that I didn't really consent in the regular way (the court ushers got us back into the court room before I said yes) meant the original evidence, which included their initial fabrication, was never heard. This has been their game all along. Never let the evidence be seen or heard. They can claim what they like. It is still on the court file and I still have a copy of the very large bundle (due to us having to rebut literally every single paragraph of their counterclaim and also rely on evidence to rebut every line of each of their witness statement, which contained what I can only describe as an organised, collective fraud). They are fabricating more now and I want to make sure the judge sees it this time as we now need to realistically consider criminal charges (though I appreciate such applications to the attorney general via the court are hard to achieve). I don't use these terms with the exact legal meaning, as they of course, have not been seen by a judge yet. Despite being in black and white. There is no ambiguity! They have been vexatious litigants all the way through this. Any advice will be gratefully received! What was the most obvious case, has turned into an unmitigated disaster! I am aware of case law around some evidence created long after the event in GB Holdings Ltd -v- Short [2015] EWHC 1378 (TCC) that might be applicable. Though of course, that was a much larger claim than a small claim. Thanks