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?
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.
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?
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."
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
Should I suggest we have another chat and that she can discuss her settlement ideas?
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.
You've been very helpful.
Alex Watts : Can I help with anything else today?
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