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BPTC Law Notes Mediation Notes

Tomlin Order Notes

Updated Tomlin Order Notes

Mediation Notes

Mediation

Approximately 18 pages

A collection of the best BPTC Mediation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest Mediation notes available in the UK this year. These notes fully updated for recent exams, also making them ...

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The following is a more accessible plain text extract of the PDF sample above, taken from our Mediation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

IN THE COUNTY COURT MONEY CLAIMS CENTRE Claim No. CC110515

BETWEEN

MISS JANE GOULD Claimant

and

MR CLIVE GOODMAN Defendant

CONSENT ORDER

UPON the parties having agreed terms of settlement

BY CONSENT IT IS ORDERED THAT:

  1. All further proceedings in this claim are stayed upon the terms set in the schedule to the schedule to this order save for the purposes of carrying such terms into effect.

  2. Either party has permission to apply to the court to enforce the terms upon which this matter has been stayed without the need to bring a new claim.

  3. The Defendant shall pay a contribution to the Claimant’s costs of the claim in the agreed sum of 500.

Dated ………………………

We consent to an order in the above terms

Signed……………………………….… Signed…………………………….……

On behalf of On behalf of

Miss Jane Gould Mr Clive Goodman

SCHEDULE

  1. The definitions in this clause apply in this agreement:

    1. “Dispute” means the disputed facts surrounding a dispute between the Parties in relation to a contract concerning the design, fabrication and erection of a conservatory by the Defendant for the Claimant between March and July 2014.

    2. “Proceedings” means Claim No. CC110515.

    3. The “Claimant” means Miss Jane Gould.

    4. The “Defendant” means Mr Clive Goodman.

    5. The “Claimant’s property” means 26, Grampian Avenue, Barnet, NW11.

    6. The “Defendant’s premises” means 36, Sheepen Road, Colchester, Essex C03 3LL.

    7. “Appointed Person” means the person who removed the conservatory from the Claimant’s property in order for modifications to be carried out.

    8. “Books” means an authors’ signed copy of “Wandering Through The Conservatories At Kew” by Phillip Henry Gosse, and a first edition of “The History of Royal Residences” by W H Pyne”.

    9. “Greenhouse” means a bespoke superlite greenhouse that works with a 25 degree roof angle and matching cold frames.

    10. “Groundwork” means the removal and laying of the building’s foundations.

    11. “Mediation Solutions terms and conditions of business” those that were current at the time of the settlement agreement dated 10 April 2015.

    12. “Confidential information” means information relating to the business, products, affairs and finances of the Claimant for the time being confidential to it or treated by it as such and trade secrets (including, without limitation, technical data and know-how) relating to the business of the parties.

    13. “Mediators” means UoL Mediation Solutions, 14 Store Street, Bloomsbury, London, WC1E 7DE.

  2. The Claimant has agreed to pay the Defendant the sum of 16,800 including VAT in respect of fees due under the contract. This amount breaks down as follows:

    1. 5,000 plus VAT for the fabrication and erection of the conservatory to include all the fitments;

    2. 12,500 plus VAT for the design;

    3. A discount of 20% offered by the Defendant on the sum of the amounts from paragraphs 2(a) and 2(b) above.

  3. The Defendant has agreed to pay the Claimant the sum of 17,750 including VAT in respect of:

    1. 1,400 for crane hire;

    2. 250 being the fees of “Appointed Person”;

    3. 4,000 for the replacement glass for the conservatory;

    4. 3,000 being the fabrication costs of A. P Conservatories;

    5. 900 for the replacement of faulty sunshade motor and associated fitting costs;

    6. 2,300 for the replacement of the bespoke sunshade and associated fitting costs;

    7. 900 for the replacement of the faulty halogen heater and associated fitting costs;

    8. 5,000 for the cancelled wedding reception

  4. It is agreed by the Defendant and the Claimant that the sums due to them are to be set off against each other. The Defendant will therefore pay the sum of 950 to the Claimant. Payment is to be made on or before 10 July 2015.

  5. In the event that the whole or any part of the payment remains unpaid upon its due date the Claimant shall be entitled to claim interest for the whole or the balance outstanding at the annual rate of 1.5% over the Bank of England base rate until payment is made.

  6. The Defendant and the Claimant...

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