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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I had a chat yesterday with a Franchisee who wanted

Customer Question

Hi,
I had a chat yesterday with a Franchisee who wanted a discussion "without prejudice" about a dispute which she is considering taking to a legal action about.
During the conversation there was no offer of settlement or negotiation from her side - she simply gave facts about the breaches of the contract which she feels has happened, and that she feels are grounds for termination of her contract.
After the chat I summarised the conversation in an email to her.
She has now asked that I confirm that the chat was "without prejudice".
I don't feel that the discussion should be afforded protection of "without prejudice" as there was no attempt by her to discuss any possible resolution.
I would like to respond to her to say that I don't feel that the discussion warrants the protection. Can I do this and what are the implications?
Many thanks
Marilyn
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : If there were no discussions on settlement then it is not without prejudice,
Alex Watts : Without prejudice is only where discussions take place about settlement etc.
Alex Watts : It is because if the matter goes to court a judge can't know what was discussed about settlement
Alex Watts : until the issue of liability has been discussed.
Alex Watts : So if for example the defendant made an offer beforehand and the claimant failed to beat it at court it would have an implication on costs,
Alex Watts : So it's only without prejudice if revolves around settlement
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-rncz18ex- :

Thank you Alex. I thought this. I thought is odd that she would use that term and then not suggest and offer she had in mind. All that she did was tell me how she felt that we had breached her contract with us.

JACUSTOMER-rncz18ex- :

The points she raised about breaching the contract are issues I must investigate and discuss with my team, and going forward I'll need to refer to these if she takes legal action.

Alex Watts : Indeed.
Alex Watts : Can I clarify anything else for you?
JACUSTOMER-rncz18ex- :

She has asked: "Just to be clear, we both agreed at the start of today's call that it was a without prejudice off the record conversation."

JACUSTOMER-rncz18ex- :

what is the best way to respond?

Alex Watts : without prejudice is different from off the record of course.
Alex Watts : You should reply back and say it does not have without prejudice protection
Alex Watts : There were no offers or discussions of settlement
JACUSTOMER-rncz18ex- :

Should I suggest we have another chat and that she can discuss her settlement ideas?

JACUSTOMER-rncz18ex- :

Or should I just leave it as a simple response as you've suggested?

Alex Watts : Leave it as a response as I have suggested.
JACUSTOMER-rncz18ex- :

Thank you.

JACUSTOMER-rncz18ex- :

You've been very helpful.

Alex Watts : Can I help with anything else today?
JACUSTOMER-rncz18ex- :

That's all for today thank you.

Alex Watts : Great, if I could ask you to rate my answer before you go, the button should be at the bottom of the screen
Alex Watts : If you need more help please click reply
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex,

I've now received a letter regarding Breach of Agreement from the Franchisee.

Are you there to discuss?

Thanks

Marilyn

Expert:  Ash replied 2 years ago.
Hello yes. Might I ask you to list a new question but put for Alex W and I can pick it up.
Thanks
Customer: replied 2 years ago.

Will do :)

Expert:  Ash replied 2 years ago.
Thanks