Getting the Order right


Whilst I can appreciate that when you get to the end of the case, you are keen as a fee earner to get the file boxed off to me for preparation of a Bill of Costs, and getting some hard earned money in, it is vital to get the terms of settlement right.

It sounds simple.

Yet so many get it wrong.

Settlement can be on the basis of acceptance of  a Part 36 Offer, which has automatic costs consequences. This is the simplest form of settlement, requiring notification being given to the other side and court that the offer is acceptable and that proceedings be stayed pending payment.

Settlement can be by way of Consent  Order or Tomlin Order, and this should be straightforward, but get it wrong, and the consequences are horrendous.   A District Judge has very little authority to amend a sealed Consent Order (see Weston v Dayman [2006] EWCA Civ 1165), and in essence, it could lead to a negligence action or loss of those hard earned costs.

Don’t forget, relief from sanctions are also more fraught with danger in a post Mitchell world.

If in doubt, don’t be shy and ask us to check before lodging.

 

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