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Court encourages parties to settlement agreement to agree draft of order permitting its enforcement
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High Court hears motion to compel enforcement of a settlement agreement for proceedings involving the transfer of client files between solicitors which have been 'struck out by consent with liberty to apply to enforce settlement', and where there is disagreement between the parties' respective legal cost accountants on applicable figures underlying the agreement, and: (1) finds that the court cannot resolve primary issues of fact disputed in the parties' affidavits in the circumstances; and (2) invites draft orders to be exchanged between the parties and submitted to the Court's registrar, which can later be perfected by same on consent, should this be achievable.
Enforcement of settlement agreement - proceedings struck out by consent with liberty to apply to enforce settlement - agreement 'be received and filed in court' - terms of compromise - Tomlin order - case law on ways in which an action can be disposed of when terms of settlement agreed - mediation act - order 56A rule 5 RSC - issues of fact remaining in dispute - legal costs accountant sums - role of experts involving mixed questions of law and fact - form of order - draft by parties - draft by court.
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