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Ash
Ash, Solicitor
Category: Law
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We are preparing documents English small claims court

Resolved Question:

We are preparing documents for an English small claims court case that we brought against a former client for non payment, and have three questions regarding evidence.
1. While we realise we can't include emails marked without prejudice in our evidence bundle, can we refer to content within the emails in a cover letter as long as it's not anything to do with a settlement?
2. Would we be allowed to say that we haven't included certain evidence as it was marked without prejudice?
3. Also would we be allowed to include emails as evidence where we discuss potential settlements if they weren't marked without prejudice?
Many Thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Without prejudice only applies to settlement. Just because something is marked without prejudice does not mean it can't be used at all. Therefore if it's an offer then you can't use it.
You can't refer to content in that email if it's marked without prejudice and relates to an offer. You can say you haven't included some documents because they are without prejudice. You can use open emails Ie those not marked without prejudice.
Can I clairfy anything for you about this today please?
Alex
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Expert:  Ash replied 1 year ago.
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