Apple Iphone 4 Claim

[jjp35]

I have claim against Apple for supplying me a Refurbished Iphone 4 which the Apple employee told us was a NEW phone. I am claiming for the cost of the phone, costs and interest.The case is due for hearing in the Court Next week.

 

Apple Legal team has phoned me today asking me to try to settle the claim through Mediation service. The telephone mediation will take place in two days. Apple is now willing to refund the money plus costs only but wants me "to keep the terms and the existance of the settlement agreement strictly private and confidential". I do not want to accept this confidential clause.

 

The mediation service email says "If mediation is successful and a settlement is reached, and if necessary, I will draw up a Settlement agreement and Tomlin Order, which must be signed by both parties."

 

Can someone please guide and advice me on the precautions I should take so that I do not jeopardise the court hearing next week? Is Tomlin Order suitable in this case?

 

Best Regards

[Geordie911]

entirely up to you jjp35 what you want to do, from experience this happened to me different circumstance Employment tribunal I accepted the offer just means you can NOT talk to anyone on how much you got and what ever else they give you..... if you did and they found out you would be in-contempt of the Tomlin Order set out by the court..

 

Don't know what the consequence would be though.

 

 

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.

[jjp35]

entirely up to you jjp35 what you want to do, from experience this happened to me different circumstance Employment tribunal I accepted the offer just means you can NOT talk to anyone on how much you got and what ever else they give you..... if you did and they found out you would be in-contempt of the Tomlin Order set out by the court..

 

Don't know what the consequence would be though.

 

 

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.

 

Thank you Geordie911 for your reply. As I did not want to agree to Confidentiality clause, I suspected they would do something like this to keep me quite.