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Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 3557
Experience:  LLB, LPC, DELF
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What remedies are available for breach of a Tomlin Order? Brief History The plainiffs

Customer Question

What remedies are available for breach of a Tomlin Order?

Brief History
The plainiffs took me to court with a forged TAW. They changed the back page of a document I signed as MD of my company to that of a document I signed as an individual.(went after my house) They backed down and a Tomlin Order was put in place.

They then took me to court again as an individual . The Tomlin order from the first case was presented to the court and a new Tomlin order was produced.for the second case.

I have now taken them to court in my companys name for deposits loss of earnings etc.

Question
Can I reclaim my costs from the first case for breach of Tomlin order ? In the first case each party was to bear its own costs etc.
Will I need to start a new claim against the plaintiffs ?

Regards


Paul
Submitted: 3 years ago.
Category: UK Law
Expert:  Alex J. replied 3 years ago.
Hi

Thank you for your question and welcome to Just Answer.

Does the Tomlin Order contain a schedule saying what can be done if some one breaches? Ie go back to court and enter judgment?

What was the nature of the breach?

Kind regards

AJ
Customer: replied 3 years ago.
worded as per consent order

1st consent order

1. that the claimants claim as set out in the particulars of the claim be withdrawn and discontinued against the defendants.
2.The defendants shall hereby discontinue his counterclaim against the claimant.
3.save for paragragh 2 each party to bear its own costs of the action.

Nature of the breach.
They took me back to court again for the claim in part 1 of the consent order.

2nd consent order

1. The judgement dated 17th July 2007 be set aside.
2. each party bear its own costs.

The judgement arose as they took me to court at my old home address.So knew nothing about action until it was sent to me at my home address after judgement.(sneaky!)

I was applying for mortgage at time and 45k judgement stopped me proceeding. Can I claim cost of mortgage interest I was being charged to what I am paying now. example 1000 - 600 = 400 per month.

1,in your opinion Are the above consent orders shoddy ?

2. If I prove the TAW is a fake in my companys case. Would that change what I could claim for on the 1st and 2nd cases.Because at that time the document had not been tested in court.
3, what criminal actions under the theft act and fraud act could they be prosecuted for as they have tried to obtain monies from a fake document.

Kind regards


Paul








Expert:  Alex J. replied 3 years ago.
Hi

Many thanks. I will review this and revert to you as soon as possible.

Kind regards

AJ
Customer: replied 3 years ago.
Hi

please can you give me an update to my enquiry

Regards


Paul
Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

I am apologise for the delay.

I need you tell me more about the alleged fraud? If they are in breach of the Tomlin the sanction will be that you can go back to court and enforce and probably claim your costs.

Can you quantify all of the losses incurred?

Kind regards

AJ

Customer: replied 3 years ago.
Hi

The TAW that I signed was in my companys name they transferred the backpage of the TAW to a document I signed in my own name, Thus changing the TAW from my company to me as an individual.

The fraud or theft was them trying to obtain monies from me as individual with their fake TAW.

Losses

1. expenses in all cases yes
2. mortgage yes
3. losses incurred by business yes
4. deposits yes
5. sundry 50/50 judge to decide


Regards


Paul
Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

Firstly you need to apply to court using an application notice N244 this will be to enforce the terms of the Tomlin Order.

Secondly if there has been a fraud you have to report it to the police. Also of the company is unlawfully claiming money from you personally this could be harassment under s40 of the Administration of justice Act 1970.

I look forward to hearing from you.

Kind regards

AJ