UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

What remedies are available for breach of a Tomlin Order? Brief History The plainiffs…

Customer Question
What remedies are available for...
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: 5 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 14 hours by:
5/19/2013
Solicitor: Alex J., Litigator replied 5 years ago
Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 3,859
Experience: LLB, LPC, DELF
Verified
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
Ask Your Own UK Law Question
Customer reply replied 5 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 that the claimants claim as set out in the particulars of the claim be withdrawn and discontinued against the defendants.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








Solicitor: Alex J., Litigator replied 5 years ago
Hi

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

Kind regards

AJ
Ask Your Own UK Law Question
Customer reply replied 5 years ago
Hi

please can you give me an update to my enquiry

Regards


Paul
Solicitor: Alex J., Litigator replied 5 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

Ask Your Own UK Law Question
Customer reply replied 5 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
Solicitor: Alex J., Litigator replied 5 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
Ask Your Own UK Law Question
Was this answer helpful?
Ask Alex J. Your Own Question
Alex J.
Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 3,859
3,859 Satisfied Customers
Experience: LLB, LPC, DELF

Alex J. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
I have a question on partnership agreements for business.
Hi. I have a question on partnership agreements for business. Can someone help? … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers
Judge Question When In a fact finding hearing is a Scott's
Thomas Judge QuestionWhen In a fact finding hearing is a Scott's schedule not required ? What case law exists which require a Scott's schedule to be drafted and how far in advance of the hearing does … read more
ivorylounge
ivorylounge
44 satisfied customers
I have placed a deposit from a private conciege company
I have placed a deposit from a private conciege company which specialises luxury goods. However I placed the deposit in March. And they said it is available straight away. Now is in May I have not yet received the goods and it supposed to be shipped to HK … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,393 satisfied customers
I have a question about founding a new business. I'm
Hi there, I have a question about founding a new business. … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers
I am applying for British citizenship. Do I need to declare
HI! I am applying for British citizenship. Do I need to declare it If I had PCN issued to me in recent years? Thank you … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,393 satisfied customers
Went to Companies House.gov, and see a company I've been
Went to Companies House.gov, and see a company I've been dealing with is listed as: Active — Active proposal to strike off Does that mean they're legitimate or in trouble? … read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,913 satisfied customers
Looking for a Barrister to represent me in bringing a civil
Looking for a Barrister to represent me in bringing a civil case against Thames Valley Police.Would like to pay for a consultationAll records have be requested and acknowledged by ACRO and other bodie… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,992 satisfied customers
I need help filling up form N510-Service Out of
I need help filling up form N510-Service Out of Jurisdiction. I do not know which box to tick in part 2 of the form. … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,393 satisfied customers
I have as question about a parking ticket from a private
Hi I have as question about a parking ticket from a private firm … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,393 satisfied customers
My 15 year old son's father has got a residence order for
My 15 year old son's father has got a residence order for him, but he completely refuses to go back to him or even talk to him, can i have my son living with me without getting into trouble so i can g… read more
ivorylounge
ivorylounge
44 satisfied customers
I am very worried and feeling suicidal. I claimed Hb with an
I am very worried and feeling suicidal. I claimed Hb with an ex partner who was abusive. He wasn't aware that I was in receipt of student loan which I kept in a separate bank account. I split up with … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers
My ex partner stole money from my bank account. The banks
My ex partner stole money from my bank account. The banks have now reimbursed me but no action has been taken in her. Can I take the matter further?… read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,393 satisfied customers
Can you advise, Mother lives in family home for 5 years, not
Hi - can you advise, Mother lives in family home for 5 years, not married to father, has 3 children, the father is only person on mortgage. But mother given cash to put into the home, and has bought f… read more
MARCUS Malin
MARCUS Malin
BA Hons Business & Law
10 satisfied customers
Question for Judge, I put in the disclosure request based on
Question for Thomas JudgeHi Thomas, I put in the disclosure request based on when you hows me. My estranged wife then put in a position statement objecting, I hearing got adjourned until the NYAS offi… read more
ivorylounge
ivorylounge
44 satisfied customers
207/5000 Yes, I have received an Anti-Terroism / Money
207/5000 Yes, I have received an Anti-Terroism / Money Laundering and Drugs Certificate where I'm not sure if this is real. Where can one see that is currently used by the authority. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
Judge Question, I have prepared a position statement in
Thomas Judge QuestionHi Thomas, I have prepared a position statement in response, can you kindly read it and provide input and oversight ?… read more
ivorylounge
ivorylounge
44 satisfied customers
I need help filling up form N510 for Service Out of the
Hi, I need help filling up form N510 for Service Out of the Jurisdiction. … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
231 satisfied customers
Unfortunately I am a stupid student from Eu that was cought
Hello, so unfortunately I am a stupid student from Eu that was cought stealing from primark once and from Tkmax! If I will receive the letter from the police at my address and have to pay the fine it … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,393 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x