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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Does this constitute the requirements without prejudice

Customer Question

Does this constitute the requirements for a without prejudice e mail
Without Prejudice
xxxxx, like yourself I am in agreement that this whole episode would be beneficial to all parties if it was brought to a satisfactory conclusion with no damage to either party. However I do not understand the intention "to not intimidate me in any way" when I am receiving personal e mails at work, telephone calls at work (of which upon my return today I have counted over 20 missed calls), the attempt to contact me today via a separate support office number and also the threat in a previous mail to turn up at my place of work and inform my employers.
I have given thought to a third party acting as intermediary to resolve this but would need to approach the person you suggested to see if they were comfortable with this.
As the alleged incident was 15+ years ago I do not see the sudden rush for a solution, although I am in agreement that a solution must be reached. As I am away from the office until Monday, and it appears you may have taken legal advice re the tone of the mail below, I might have to consider doing the same. I ask that we pend this until I initially try to speak to the third party suggested but this will not be possible until after Monday.
Finally in relation to your suggestion on Sunday my recollection of the events differ significantly from yours.
Just to conclude I am keen to get this settled, once and for all.
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
What is this in connection with?
Customer: replied 1 year ago.

An incident that occurred over 15 years ago whilst in employment for someone. He has since raised the issue again but suggested that he wants to seek a compromise

He sent a without prejudice mail with but has been on social media with false accusations

Expert:  UKSolicitorJA replied 1 year ago.
What is the claim for, or is there no claim being made e.g. A claim for money?
Customer: replied 1 year ago.

A claim for money i am alleged to have stolen

Expert:  UKSolicitorJA replied 1 year ago.
Thank you.
Yes, your mail appears to fall within the scope of the "Without Prejudice" protection as you appear to be trying to negotiate a settlement to a dispute.
As I do not know the precise details of the conduct which gave rise to the claim being made against you, I cannot advise further other than to say that the claim may be time barred under the Limitation Act 1980 if fraud was involved and the person knew about the fraud all along I.e. 15 years ago.
Hope this helps

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