Source: All England Reporter
Publisher Citation: [2002] All ER (D) 09 (Oct)
Court: Chancery Division

Sir Andrew Morritt VC

Representation John Randall QC and Lance Ashworth (instructed by Wragge & Co) for the claimant.
  David Richards QC and Philip Marshall (instructed by Dibb Lupton Aslop) for the defendants.
Judgment Dates: 1 October 2002


Contract - Condition - Enforceability - Parties agreeing to Tomlin order after mediation - Court of Appeal refusing to make order - Defendant company subsequently refusing to comply with order - Claimant applying for declaration that company bound by terms of mediation - Whether agreement conditional on making of order - Whether agreement unenforceable for illegality.

The Case

The claimant's application for a declaration that the defendant company was bound by the terms of a settlement set out in a draft Tomlin order was granted on the grounds that the agreement contained in the order was not conditional on the making of that order and was enforceable.

Practice Areas

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