- Cited — Dr Erica Smith v Dr Christopher Backhouse 2023-07-21
“…generally, the court cannot re-write the contractual terms of a settlement agreed by the parties: Watson v Sadiq [2013] EWCA Civ 822 and Zenith Logistics Services (UK) Ltd v Keates [2020] EWHC 774 (QB), [2020] 1 WLR 2982. In general, where the parties are represented, the court should not en…”
- Cited — University Hospitals of Derby & Burton NHS Foundation Trust v Rebecca Harrison 2022-12-16
“…the words of r.44.14(1) (see [38] of Cartwright). This was partly because there was a body of authority, including the decision of this court in Watson v Sadiq [2013] EWCA Civ 822, to the effect that the schedule to a Tomlin Order – the part that contains the obligation for X to pay Y - was not a part of the order of the court. Having se…”
- Explained — CFL Finance Ltd v Laser Trust & Anor 2021-02-23
“…ply embodied in a Court order, and Mr Kirk also accepted this before us. However, a Tomlin order involves a contract. As McCombe LJ explained in Watson v Sadiq [2013] EWCA Civ 822 at paragraphs 49-50, “the terms of the schedule to an order in Tomlin form amount to a contract between the parties” and the schedule “is not an order of the C…”
- Cited — Cartwright v Venduct Engineering Ltd 2018-07-17
“…analysis was based on the decisions of Ramsey J in Community Care North East v Durham County Council [2012] 1 WLR 338 and the Court of Appeal in Watson v Sadiq [2013] EWCA Civ 822. As the Costs Judge noted, those cases were authority for the general proposition that, whilst the Tomlin order itself is enforceable, the schedule is not an o…”