Q&As

Is a court approved settlement agreement settling a possession claim binding and valid due to the fact that the tenant was legally represented throughout the entire process of that settlement agreement being negotiated, signed and ultimately approved by the court or is the agreement void because the tenant did not understand the terms?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 24/04/2019

The following Dispute Resolution Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is a court approved settlement agreement settling a possession claim binding and valid due to the fact that the tenant was legally represented throughout the entire process of that settlement agreement being negotiated, signed and ultimately approved by the court or is the agreement void because the tenant did not understand the terms?

It is open to parties to compromise a dispute in litigation, and reach a settlement. It will often be the case that such an agreement will form a consent order, which will then be a binding order made by the court. Alternatively, the case can be settled by way of a Tomlin order, which provides for a general stay of proceedings save for the purposes of enforcing the agreed terms of a schedule to that order. The benefit of a Tomlin order is that the schedule can contain provisions that a court would not otherwise be able to order. The court does not have any role in approving the terms of a Tomlin schedule.

Alternatively, the parties can enter into a settlement agreement which takes the form of a contract and is enforceable as such. Such an agreement could, for example, provide that the lan

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