Out Of Liberty

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Out of Liberty

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The Court first noted that the Court Order does not refer to the terms of settlement. Furthermore, the settlement agreement addressed issues which did not fall within the four corners of the proceedings. It therefore could not have been made a rule of court even if the parties so wished. Furthermore, the terms of settlement were not received and filed. Nor was an order made in classic Tomlin style under which, as formulated by Tomlin J. in Dashwood v. Dashwood [1927] W. N. 276, the proceedings would be stayed on terms agreed between the parties (and usually scheduled to the order) with liberty to apply to the court for the purposes of enforcing the terms of settlement.

The first port of call must be the language used in the order itself. There are a number of features of the order which are noteworthy. In the first place, the order provides that the proceedings be struck out. Having regard to the approach taken in previous case law, those words, used on their own, would ordinarily mean that the proceedings were thereby terminated with the consequence that the court would, thereafter, be functus officio. However, those words are not found on their own. In the very same sentence, the order records that, by consent, there is liberty to re-enter. In my view, the order must be read as a whole.

In cases of doubt, a court will, for example, readily have regard to the pleadings and the previous proceedings in the action. Just as one would, in such cases, consider the terms of a court order against the backdrop of the pleadings and the previous proceedings in the action in which it was made, it seems to me to be appropriate, at least in cases where the order was made by consent following a settlement of the proceedings, to consider the terms of a settlement agreement entered into immediately prior to the court order. Where there is argument, in such cases, as to what is envisaged by a provision in a consent order giving liberty to re-enter, the settlement agreement, as a general rule,is likely to provide some objective evidence of what the parties had in mind.

Encouraged by these first two issuances, the Green Bank anticipates offering Green Liberty Bonds annually around Earth Day. To stay informed about future issuances, please sign up for notifications at greenlibertybonds 041b061a72