Q&As

What are the claimant's options when the defendant has failed to pay fixed costs on settlement of a public liability claim, where proceedings have been issued under Part 7, but a settlement was agreed before trial?

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Published on LexisPSL on 22/02/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • What are the claimant's options when the defendant has failed to pay fixed costs on settlement of a public liability claim, where proceedings have been issued under Part 7, but a settlement was agreed before trial?
  • Tomlin order
  • Part 36

What are the claimant's options when the defendant has failed to pay fixed costs on settlement of a public liability claim, where proceedings have been issued under Part 7, but a settlement was agreed before trial?

How you may seek to enforce a settlement will depend, in part, on how you documented the settlement.

Tomlin order

A Tomlin order is made up of two parts: a consent order and a schedule. If parties wish particular provisions in the Tomlin order to be enforceable without further order from the court, they must include those provisions in the consent order part of the Tomlin order. The consent order is enforceable as a court

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