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Maverick
Maverick, Advocate
Category: UK Law
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Experience:  20 years proefessional experience
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We are seeking to overturn a Tomlin Order because of Theft

Customer Question

We are seeking to overturn a Tomlin Order because of Theft and Fraud., and we now have proof that the original Statement of Claim in a number of instances were untrue. Can N244 Form be used for this purpose?
Submitted: 12 months ago.
Category: UK Law
Expert:  Maverick replied 12 months ago.

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ANSWER:

Yes, that standard application notice (Form N244) is used to lift the stay of proceedings imposed by the Tomlin Order. After a Tomlin Order is imposed, in any subsequent application to the court, normally there will be jurisdiction to vary only the order itself but not what appears in the schedule. However, the Tomlin Order may be attacked if it is subsequently discovered that the settlement was obtained by way of fraud.

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