POL00072777 - Post Office Limited v Lee Castleton - Draft/ terms of order by consent. Claim No - HQ05X02706

Evidence on official site

IN THE HIGH COURT OF JUSTICE Claim No: HQ05X02706
QUEEN'S BENCH DIVISION

Master
the day of November 2006

BETWEEN:

POST OFFICE LIMITED
Claimant/Part 20 Defendant

-and-

LEE CASTLETON
Defendant/Part 20 Claimant

DRAFT/
TERMS OF ORDER
BY CONSENT

UPON APPLICATION by the Claimant and the Defendant by agreement in writing

AND UPON the Claimant and the Defendant having agreed to the terms of this Order

BY CONSENT IT IS ORDERED that:

1. The Counterclaim be dismissed.

2. All further proceedings on the Claimant’s claims herein against the Defendant be

stayed upon the terms set out in the attached Schedule signed by the parties, except

for the purpose of enforcing those terms, for which purposes the parties have

permission to apply.

3. The Defendant do pay to the Claimant its costs to date of and occasioned by the Claim

and the Counterclaim, such costs to be assessed if not agreed:

a. On the standard basis up to and including 26 January 2006; and

b. On the indemnity basis from 26 January 2006 onwards.

POL00072777
POL00072777
POL00072777
POL00072777

4. The Defendant do by 4pm on [DAY AND DATE 21 DAYS LATER] make an interim
payment of £30,000 on account of the Claimant’s costs, such payment to be without
prejudice to the Claimant's entitlement to apply subsequently for a further payment on

account of its costs.

5. For the purposes of CPR Part 47 these proceedings be treated as concluded and

pursuant to CPR Part 47.1 the Claimant's costs are to be assessed immediately.

We consent to the making of an We consent to the making of an
Order in the above terms Order in the above terms
Solicitors for the Claimant/ Solicitors for the Defendant/
Part 20 Defendant Part 20 Claimant

Dated... 2006,

Schedule to Tomlin Order in Claim No: HQO5X02706

The Claimant and the Defendant agree the following terms in full and final settlement of
the claims made by the Claimant against the Defendant.

1. The Defendant do by 4pm on [DAY AND DATE 21 DAYS LATER] pay to the Claimant the
sum of £25,858.95.

2. The Defendant do pay interest of [INSERT] on the sum of £25,858.95 from 23 March
2004 until [DAY AND DATE 21 DAYS LATER] and on any outstanding balance thereafter
at the rate of 1% above the base rate of the Bank of England applicable from time to
time during that period.

3. The Claimant do within 14 days of the date of this Order send to the Defendant a letter
in the form attached hereto.

4. The Defendant do within 14 days of the date of this Order send to the Claimant a letter
in the form attached hereto.

5. The Defendant undertakes to the Claimant that he will neither repeat his allegations
about the Horizon system nor make any further allegations about the Horizon system
or its functioning.

Signed... soe Signed...

Bond Pearce LLP Rowe Cohen

Solicitors for the Claimant/ Solicitors for the Defendant/
Part 20 Defendant Part 20 Claimant

Ballard House Quay House

West Hoe Road Quay Street

Plymouth PL1 3AE Manchester M3 3JE

Ref: SJD3/348035.134 Ref: MDT.113969

POL00072777
POL00072777
POL00072777
POL00072777

Claim No: HQO5X02706

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

Master
day the day of November 2006

BETWEEN:

POST OFFICE LIMITED
Claimant/Part 20 Defendant

-and-

LEE CASTLETON
Defendant/Part 20 Claimant

DRAFT/
TERMS OF ORDER
BY CONSENT

Bond Pearce LLP
Ballard House

West Hoe Road
Plymouth PL1 3AE
Ref: SJD3/348035.134

Defendant