Tomlin Order

[ck&ll]

can anyone through any light on the above we had a debt with an old morgage they tried to take us to court 18mths ago for 25k when we only owed 4k had great barrister who tore them to peices some wrangling about the insurance ,anyway our solicitor informed us that they wanted us to sign a tomlin order preventing us from talking to the media etc etc

the next thing he informed us that every thing had been agreed including a repayment plan but we hadnt personally signed such an order only agreed to a repayment but our solicitor or someone from his office had done it Ihave tried to contact solicitor by email no response

the morgage company s solicitor wrote today quoting this order but they havnt even instructed us on who when and where to make these repayments im a bit concerned as we didnt sign the order as we had already spoke to other people about it which I beleive its supossed to prevent us doing so sorry to go on but advise is needed thanks i dont work as im im not in good health very high bp renal probs along with the onset of diabetes:-(:-(

[tendogs]

Just pulled this from Wiki:

 

A Tomlin order is a court order in the English civil justice system under which a court action is stayed, on terms which have been agreed in advance between the parties and which are included in a schedule to the order. As such, it is a form of consent order. The order permits either party to apply to court to enforce the terms of the order, avoiding the need to start fresh proceedings. The terms of the schedule do not form part of the court order, so may remain confidential, and can include matters outside the jurisdiction of the court or the scope of the case in hand.

The order is named after the High Court judge Mr Justice Tomlin (as he then was), from his ruling in Dashwood v Dashwood ([1927] WN 276, 64 LJNC 431, 71 Sol Jo 911) delivered on 1 November 1927, that such an order kept the proceedings alive only to the extent necessary to enable a party to enforce the terms of the settlement. In that case, Tomlin J held that a provision in the order which required one party to refrain from running a business in competition with the other party could not be enforced unless and until the court made an order for specific performance or for an injunction. Thus, any provisions in a Tomlin order which require action by the court, such as releasing funds held in court, or an order for costs, must be included in the body of the order, not the schedule. Until a second order has been sought, it is not possible to apply to commit the party in breach for contempt of court.

The following day, Tomlin J issued Practice Note [1927] WN 290, which set out a preferred form for such orders. A similar form of order appeared in the Rules of the Supreme Court and appears in the Civil Procedure Rules today. The form of the schedule is settled between the parties.

[tendogs]

You need to talk to your solicitor about this and get a copy of the schedule, phone don't email. Let us know what happens.

[ck&ll]

thanks for your reply

do you know if we have to personally sign a tomlin order?

[tendogs]

If it's like a consent order then no, it's an agreement between the two sides that does not need to be signed. But, as I say, you must talk to your solicitor.

[ck&ll]

thanks tendogs ill let you know

[tendogs]

Evening ck&ll any movement with this?

[ck&ll]

nothing doing still waiting for thier replys

[tendogs]

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