Legal Case Analysis: Tomlin Order in Snooker for All Ltd vs 147

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Added on  2023/06/11

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Case Study
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This case study presents a Tomlin Order issued in the High Court of Justice, Queen’s Bench Division, between Snooker for All Limited (SFA) and 147 Snooker Tables Limited, claim number HQ 1234. The consent order, dated April 21, 2022, stays all further proceedings based on a settlement agreement dated April 8, 2022, allowing either party to apply for enforcement without initiating new proceedings. The defendant, 147 Snooker Tables Limited, is ordered to pay €2,500 towards the claimant’s costs. Schedule 1 details the settlement terms, including the defendant providing repair services for twelve tables within 28 days, issuing a €10,000 credit note against outstanding purchases by April 30, 2022, and paying €52,500 (€50,000 outstanding balance plus €2,500 legal costs) by May 7, 2022, with a 4% annual interest on overdue amounts. The final payment fully satisfies all claims related to the proceedings' subject matter.
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A TOMLIN ORDER
IN THE HIGH COURT OF JUSTICE Claim No. HQ 1234
QUEEN’S BENCH DIVISION
BETWEEN:
Snooker for All
Limited (SFA)
and
147 Snooker Tables
Limited (147)
Claimant
Defendant
CONSENT ORDER
UPON hearing counsel or the solicitors for the parties or reading the letters from parties
solicitors and the parties having agreed terms of settlement by mediation
BY CONSENT IT IS ORDERED THAT:
1. All the further proceedings in this claim are stayed upon the terms set out in the
settlement agreement between the parties dated 8 April, 2022 , except for the
purpose of enforcing the terms into effect.
2. Each party has permission to apply to the court to enforce the said terms upon
which this matter has been stayed without the need to bring a new proceeding.
3. The Defendant is to pay the Claimant’s costs of the action on the standard basis to
be 2,500.
Dated - 21 April 2022
We consent to an order in the above terms
Signed ................................... Signed ...................................
Counsel/ Solicitor Counsel/ Solicitor
for the Claimant1 for the Defendant
Dated..21 April 2022 Dated. 21 April 2022
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1
The Order should be signed by either the solicitor or counsel representing the parties, or if the party is
a litigant in person, they may sign it themselves (CPR 40B PD 3.4)
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SCHEDULE
1. The defendant will provide the claimant the services for the repairing of twelve
tables in the next 28 days and simultaneously will also pay the costs of any
repairs as required.
2. The defendant will also pay the claimant the sum of 10,000,mainly with
respect to the breach of contract. Where the payment will take the form of
credit against the outstanding purchases price. The defendant will issue the
credit note of 10,000 including the VAT charges with respect to the remaining
unpaid invoice by the date of 30 April 2022.
3. the defendant will also pay the € 2500 as the contribution in respect of the legal
costs along with the outstanding balance of the purchase price € 50,000
including the VAT charges by the date of 7 May 2022.
4. if the defendant fails to make the payments as agreed in accordance with
paragraph 2 and 3 , then he will stand entitle to pay the interest at the rate of
4 percent per annum on any outstanding sums until the date payment is
made.
5. The stated payment is to be the full and final satisfaction of any claims which
the claimant has or may have against the defendant in connection with the
subject matter of these proceedings.
Dated..21 April 2022
Signed …………………………….
On behalf of [Snooker for All Limited (SFA) ]2
Signed…………………………….
On behalf of [ 147 Snooker Tables Limited (147) ]
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The Schedule is enforceable as a contract and should be signed by or on behalf of the parties
themselves.
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