#13694 - Tomlin Order - BPC Mediation

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 agree that each will share the mediation fees equally in accordance with the UoL Mediation Solutions terms and conditions of business.

7. The Defendant and the Claimant agree that the Claimant will attend the Defendant’s premises at on 25 June 2015 and research the Defendant’s books. The Claimant shall then prepare a report regarding the credibility and authenticity of the books and send it to the Defendant’s email address on or before 17.00 hours on 29 June 2015.

8. The Defendant shall pay the Claimant’s travel expenses for the visit mentioned in paragraph 7 at the rate of 1 a mile up to a total sum of 150.

9. The Defendant agrees to design and supply a greenhouse for the Claimant to be installed on the side wall of the Claimant’s property. The greenhouse shall:

   1. Be 6.9m wide and 4.00m deep;

   2. Have a Baylis XL automatic roof vent opener;

   3. Have a five bladed louvre vent of dimensions 600mm x 300mm;

   4. Have a 2.6w fan heater of stainless steel construction and weighing less than 6.1kg;

   5. Have a clear, uv stabilised glass that complies with BS EN 14449.2005. The dimensions of the greenhouse glass shall be 610mm x 610mm and panes of 3mm thickness shall be used;

   6. Be of slate grey colour.

10. It is agreed that the Claimant shall be fully responsible for the groundwork base of the greenhouse.

11. The Claimant will pay the sum of 6,856.45 including VAT to the Defendant for the supply and installation of the greenhouse. Payment is to be made upon full completion of the greenhouse and once the Claimant is satisfied of the work done by the Defendant.

12. The Defendant agrees:

    1. Not to disclose terms of the Dispute, mediation or settlement to any party without permission from the Claimant for a period of 12 months from the date of the order.

    2. Not to make or publish any statement or to do any act or thing which might reasonably be expected would damage the business, interests or reputation of the Claimant.

13. The Claimant agrees:

    1. Not to disclose...