UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

Contract (Tomlin Orders): If one gives an "undertaking" in a…

Customer Question
Contract (Tomlin Orders): If one...
Contract (Tomlin Orders): If one gives an "undertaking" in a Tomlin Order, as opposed to a promise or warranty, if one breaches that undertaking, does that have the same effect as it would be if one breached a general undertaking to the court? i.e. would breaching an undertaking in a Tomlin Order be contempt of court?
Submitted: 6 months ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Customer reply replied 6 months ago
Would some context assist?
Answered in 2 hours by:
3/8/2018
Solicitor: JimLawyer, Solicitor replied 6 months ago
JimLawyer
JimLawyer, Solicitor
Category: UK Law
Satisfied Customers: 1,066
Experience: Senior Associate Solicitor
Verified
Hello and thank you for the question. The short answer is yes, any undertaking in a consent or a Tomlin order is essentially a broken promise to the court with a sanction which is at the court’s discretion but could ultimately lead to a custodial sentence even though a tomlin order is used in civil proceedings. If you can add some detail, I can advise further. Kind regards, J
Ask Your Own UK Law Question
Solicitor: JimLawyer, Solicitor replied 6 months ago
I should have said “any breach of undertaking”. Etc. thanks
Ask Your Own UK Law Question
Customer reply replied 6 months ago
Thanks. This is complicated and I need to be clear:I understand the difference between a contractual term (agreement to do (a) in consideration of (b) etc, where enforcement is in contract) and a general undertaking to the court (the breaching of which is contempt). But, to be clear, if one undertakes to do/not do something in a consent order (in this case to desist from doing something in a Tomlin Order) is breaching that undertaking a contractual matter or contempt of court? To add to that, I am aware that enforcing the Tomlin/Schedule requires an action brought within the stayed proceedings, which would be by a general application for the enforcement of the terms I presume.A further aspect to this is that the Tomlin/Schedule was three-quarters of the full agreement, as aspects of the agreement couldn't be placed into the Tomlin/schedule (it crossed two claims, one in the High Court and one in the CC), so remain outside the Tomlin, but alive in contract (with express terms that can be referred to). However, the signatory to the Tomlin Order, and her husband (the signatory to the wider contract) have repeatedly breached the contract to the point of repudiation. Indeed I told them I regarded the contract as effectively repudiated.However (a) I have continued to abide by the terms of the contract/Tomlin and Schedule, (b) they have attempted to enforce the Schedule/Tomlin on me (made and then withdrew an application for enforcement) and (c) appear to regard the contract as not repudiated even though they breach it endlessly (both aspects of which I believe I can demonstrate sufficiently).Not withstanding my previous statement that I regard the contract as repudiated, it would be to my advantage to now be able to enforce the contract, Tomlin and schedule.So my supplemental question is as follows:(a) is the mere expression that I regard them to have repudiated the contract sufficient for them to now rely on that in defending any action/application I bring for a remedy (essentially enforcement of the terms) or would that defence, if profered, be defeated by the fact that I never actually did anything to formally seek the court's declaration that it was repudiated, I just said I believed they had repudiated it?(b) given that most of the contract was contained within the schedule to, and on the face of a Tomlin Order, would I even have such liberty to declare it repudiated without leave of the court?(c) would their attempts to hold me to the contract assist in my pleadings to get the contract enforced?In summary: If I seek to enforce the agreement (and I have strong grounds for doing so) would they be able to rely on a letter from me telling them I regard them as having repudiated the agreement as justification for further breaches? Or for me to have accepted their repudiation, would there have needed to be some further supplemental act on my part to confirm acceptance of repudiation, absent which there is implied affirmation of the contract (especially given the fact that most of the terms where placed into a Tomlin Order/schedule).Thanks
Solicitor: JimLawyer, Solicitor replied 6 months ago
Hi again, the terms of an agreement are set out in a consent order. That order is enforceable by the court and is available for public inspection. The terms of breached can be enforced by the court. Those terms are not confidential and the consent offer is usually drawn up after issue of court proceedings. It is entirely possible there is an undertaking within the order which is the promise to the Court and if breached, the aggrieved party can apply to enforce the breach and the court can also step in and sanction the party who broke the promise. As a breach of undertaking is serious, one of those sanctions can include contempt of court which may lead to criminal liability and it then crosses from civil to criminal issues. A tomlin order is similar to a consent order save for the fact the terms are confidential and unavailable for public inspection. In addition if a term in the tomlin order is broken, there are further ways to enforce. Tomlin orders are often used where complex terms of settlement are agreed. The terms of the Tomlin Order 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. Tomlin orders are a form of consent order, only more complex. The breach of undertaking is relevant to body orders, in other words. Tomlin orders also stay proceedings and if breached, a party can apply to the court and avoid the need to start new proceedings. Is there a warning in the order with words for his effect: “You, the Claimant (Or Defendant) will be in contempt of court if you breach the undertaking given on (date)”. ?
Ask Your Own UK Law Question
Solicitor: JimLawyer, Solicitor replied 6 months ago
The other issue is if both parties have not abided by the terms, the order had been broken but can be revised by agreement of both parties. If it’s only one party who is aggrieved and affected, that party may apply to enforce the terms of the order and in their application to enforce, attach a penal notice that of the defaulting party does not comply with that party of the order by such a date, they would then be held in contempt of court
Ask Your Own UK Law Question
Solicitor: JimLawyer, Solicitor replied 6 months ago
Hi, if you could please accept my answer, many thanks
Ask Your Own UK Law Question
Customer reply replied 6 months ago
Hi. I tried to book a call but something went wrong perhaps? How do I do this?
Solicitor: JimLawyer, Solicitor replied 6 months ago
Hi, you’d have to speak to customer services as I can’t help with the booking system.
Regards
J
Ask Your Own UK Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer
JimLawyer, Solicitor
Category: UK Law
Satisfied Customers: 1,066
1,066 Satisfied Customers
Experience: Senior Associate Solicitor

JimLawyer 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

9,256 satisfied customers

Qualified Solicitor

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

2,760 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

9,513 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,177 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
My son's father has submitted a child arrangements order at
My son's father has submitted a child arrangements order at court, despite being bound by undertakings due to domestic abuse of myself & my son, which are active until April 2019. I have responded wit… read more
Peter Collins
Peter Collins
Barrister
Bar Professional Training Course
I require someone to review the form of a Tomlin order and
I require someone to review the form of a Tomlin order and solicitors undertaking.I am happy with the content, but require advice to ensure they are binding… read more
ivorylounge
ivorylounge
44 satisfied customers
I am in the process of a small claims hearing. the defendant
I am in the process of a small claims hearing. the defendant and i have come to agreement he pays the debt in initial payment and then 10 monthly payments. he has submitted a defence, but now wants to… read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
7,300 satisfied customers
Some years ago my neighbour restricted my access to a piece
Some years ago my neighbour restricted my access to a piece of adjoing land over which - until he built nearby - there was public access and a there was a gated access between this strip and my land. … read more
ivorylounge
ivorylounge
44 satisfied customers
I have a Tomlin order that states the landlord's "will conse
I have a Tomlin order that states the landlord's "will consent" to an attic conversion. The Landlord is insisting on various other things (timings of work, etc) before he will provide the consent, but… read more
ivorylounge
ivorylounge
44 satisfied customers
We have a substantial file of photographs proving that our
We have a substantial file of photographs proving that our neighbour has continued to use our property for the parking of her car and the cars of relatives, friends and workmen in defiance of a Tomlin… read more
James Mather
James Mather
7,349 satisfied customers
Regarding Notice of Withdrawal of application to Property Tribunal
Regarding Notice of Withdrawal of application to Property Tribunal - if an agreement has been reached between the parties and it is based on an offer without prejudice. Do one disclose the offer to th… read more
James Mather
James Mather
7,349 satisfied customers
I signed a tomlin order which the defendant/intervenor has
I signed a tomlin order which the defendant/intervenor has not complied to ie i did not get access to premises or possessions that I should have been able to collect, I was not provided with details o… read more
James Mather
James Mather
7,349 satisfied customers
If a court made an order under s.39 children and young persons
If a court made an order under s.39 children and young persons act asking the media not to name the defendant in a rape case, and a newspaper breached that order by naming the defendant is that breach… read more
Jo C.
Jo C.
Barrister
Master's Degree
38,412 satisfied customers
I am a member of a Limited Company with 50% of the ordinary
I am a member of a Limited Company with 50% of the ordinary shares. I have requested an audit of the account from the Director but without a reply. I have a Tomlin/consent order dated 30 April 2012 wh… read more
Alex J.
Alex J.
Commercial/Corporate
LLB
1,854 satisfied customers
My company has started legal action through the small claims
My company has started legal action through the small claims court against another company for payment of goods that we believe have been delivered. We have requested 2 stays whilst we attempt to sort… read more
James Mather
James Mather
7,349 satisfied customers
HiWe agreed terms with a creditor and signed a tomlin order. We made t
Hi We agreed terms with a creditor and signed a tomlin order. We made the first 3 instalments as agreed and were awaiting their contact regarding a charge over our property. On 27th June I received no… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,255 satisfied customers
Hi Can you tell me in Which circumstanses you can apply
Hi Can you tell me in Which circumstanses you can apply to have a "consent Order" set aside in the high court if you are the defendant and you agreed to it by signing it?… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,255 satisfied customers
ccj- I recently went to court and my ccj was set aside, on
ccj- I recently went to court and my ccj was set aside, on the grounds that the judge it was served at the wrong address. The claimant was given until 24th to send into the court a copy of the claim f… read more
ivorylounge
ivorylounge
44 satisfied customers
We are allowed access to our drainage system within our neighbours
We are allowed access to our drainage system within our neighbours garden via a covenant within their property deeds but when we ask for access they continually refuse. We know we can go to court to g… read more
Matthew J
Matthew J
Solicitor
Bachelor's Degree
334 satisfied customers
Our drains go into next doors septic tank. Within their deeds
Our drains go into next doors septic tank. Within their deeds we have right to access and inspection. 2 yrs ago they told us soakaway had failed, but professional said "it wasn't functioning at it sho… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,255 satisfied customers
What are the legalities of a recital in front of a judge.-Is
What are the legalities of a recital in front of a judge.-Is it a legally binding document.What are the consequences of a recital in court when dealing with an undertaking… read more
Tulkinghorn
Tulkinghorn
Bachelor's Degree
1,141 satisfied customers
As an estate agent; if I suspect that a client will tell his
As an estate agent; if I suspect that a client will tell his solicitor not to pay our commission on completion, can I apply for an interim injunction based on that contract to prevent the sale from co… read more
Tom Denning
Tom Denning
Trainee Solicitor
Bachelor's Degree
526 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