IN THE CREWE COUNTY COURT
CLAIM NO: 3CW00259
BETWEEN:
ANNIE RACHEL DALE-DAVIS
Claimant
and
BRIAN CHARLES LOFKIN
Defendant
------
TOMLIN ORDER
------
UPON READING an Application submitted by Solicitors both by parties.
AND UPON the Claimant and Defendant having agreed to the terms set forth in the Schedule hereto.
BY CONSENT IT IS ORDERED THAT:-
1.All further proceedings in this suit be stayed except for the purpose of carrying such terms into effect and for that purpose the parties are to be at liberty to apply.
2.There be no Order for costs as between the parties.
3.There be a detailed assessment of the costs of any party who is or was a person in receipt of services funded by the Legal Aid Agency.
SCHEDULE
1.The property at 12 Portland Grove, Haslington, Crewe, Cheshire, CW1 5TY Title Number CH226542 be held upon trust forthwith under a Tenancy in Common whereby the Claimant will hold a 55% beneficial interest and the Defendant a 45% beneficial interest. The Defendant will take all necessary steps to execute a Deed of Transfer to enable the Claimant to register a Restriction by way of protection of her interest at HM Land Registry.
2.With effect from the 31st of March 2014, the property, 12 Portland Grove, Haslington shall be placed on the market for sale by such Estate Agents as may be agreed between the parties or in default of such agreement as nominated by the Court. The said property shall be sold for such price as may be agreed between the parties or in default of such agreement as determined by the Court.
3.The Defendant will allow the Claimant, her husband and the parties son, Joseph Lofkin to continue to reside at the property until a sale is achieved and completion takes place.
4.Upon completion of sale, the Claimant, her husband and Joe Lofkin will give vacant possession of 12 Portland Grove, Haslington.
5.The Defendant acknowledges that all furniture, fixtures and fittings at 12 Portland Grove (save and except for fitted items for example kitchen units) belong to the Claimant and her husband and will be removed on completion.
6.The Claimant’s Solicitors shall have conduct of the conveyancing work relating to the sale.
7.Upon completion of sale of 12 Portland Grove, Haslington the sale proceeds shall be applied as follows:-
(i)to discharge the mortgage secured thereon in favour of Bank of Scotland;
(ii)in payment of the conveyancing costs and disbursements in connection with the sale;
(iii)in payment of the charges of the Estate Agents appointed;
(iv)in payment of a refund to the Defendant constituting a sum equal to the total sum of mortgage repayments discharged by the Defendant from the date of this Order to completion;
(v)in payment of the balance as to 55% to the Claimant and 45% to the Defendant.
8.That both the Claimant and the Defendant acknowledge that they will make no further claims upon each other in respect of the matrimonial proceedings within this Court number of matter CW99D00367 and both parties will take all necessary steps to submit a Consent Application to the Court seeking an Order that save as provided for by this Order, all further claim between the parties are dismissed.
………………………………….…………………………………….
Annie Rachel Dale-DavisBrian Charles Lofkin
ClaimantDefendant
………………………………….…………………………………….
Hall Smith Whittingham LLPCharles Newton & Co
1 Dysart Buildings, Nantwich,5 Alexandra Street, Eastwood,
Cheshire, CW5 5DPNottingham, NG16 3BD
Solicitors for the ClaimantSolicitors
Document16