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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have written a letter before action to claim around £8000

Resolved Question:

I have written a letter before action to claim around £8000 on behalf of myself and 3 others. I have received a response with cheques for 4 x £500. We're not happy to settle for this much lower amount and have not cashed the cheques. The letter we've received is marked
"Without prejudice save as to costs"
I've a vague understanding of what this means, but in practice if I write back and if we can't agree and I issue court proceedings. Does this mean a district judge can only be given the information that an offer was made and not the contents of the rest of the letter. If I write back referring to the contents of the letter, would this be inadmissible?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Yes it means if there is an offer in the letter and it goes to Court you can't disclose the letter until liability has been established.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes, I do need some help to clarify that;

So the "save as to costs" bit means they can disclose an offer was made, but not the conditions under which it was made?

And, if I respond to the letter is that also inadmissible? Or can I put my letter before the court?

Expert:  Ash replied 2 years ago.
They and you can't disclose that ANY offer was made.
If you respond you must put that without prejudice save as to costs too.
Alex
Customer: replied 2 years ago.

OK- thanks, ***** ***** define what exactly:

Without prejudice save as to costs means then?

Is it just the offer which can't be disclosed, or the other contents of their letter? I'll be making no new points but re-iterating my original ones, but if submit the claim form, will I only enclose my first letter?

Expert:  Ash replied 2 years ago.
It means they or you can't disclose offers UNTIL liability has been established by the Court.
So it means you can't use it at Court.
Alex
Customer: replied 2 years ago.

Hi Alex,

OK- so it's just my first letter which I can send in the bundle with the court form if it goes that far? I have a further query about this process, should I start a separate question?

Expert:  Ash replied 2 years ago.
Please do.
Alex
Customer: replied 2 years ago.
I've already done that Alex posted my question about an hour ago look forward to your response thanks in advance
Expert:  Ash replied 2 years ago.
Ok thanks, ***** ***** remember to rate this answer so I can credited for the time spent with you today.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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