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Showing posts from August, 2020

Compromise - Frank Schrijver UK Ltd v Smart Dry Intl Ltd

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Jane Lambert

Chancery Division (HH Judge Hodge QC) Frank Schrijver UK Ltd and another v Smart Dry Intl Ltd and others [2020] EWHC 2092 (Ch) (30 July 2020)

Judge Hodge was disarmingly blunt when he said at paragraph [1] of his judgment in Frank Schrijver UK Ltd and another v Smart Dry Intl Ltd and others [2020] EWHC 2092 (Ch) (30 July 2020):

"This judgment is naturally of considerable interest and concern to the parties to this litigation but it raises no issue of law and will be of no interest to anyone not involved in this case."

I don't agree with him.  Cases on the enforcement of Tomlin orders are rare and practitioners can always learn something from them.

A Tomlin order is a consent order in which the parties invite the court to stay proceedings on terms set out in a confidential schedule. The schedule does not form part of the court file and is never consulted unless one or more of the parties believes that one or more of the other parties has failed to perform his …