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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48734
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I would be most grateful if you could explain, in layman's

Resolved Question:

I would be most grateful if you could explain, in layman's terms, the wording of "Without prejudice save as to costs". Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What is the correspondence you have received in relation to?
Customer: replied 1 year ago.

Hello Ben, it relates to a Tomlin Order I received from my former bank's legal representatives after I issued a court summons to recover my joint account savings from the bank after closing the account.

Expert:  Ben Jones replied 1 year ago.
Ok thanks. Without prejudice save as to costs basically means that the correspondence is being made ‘off the record’ and is to be kept between the parties only, so it will not be brought up in court. Usually it is done when an offer of settlement is made by one party – they make the offer behind the scenes and off the record and ask the other party to consider and accept it. If the other party does not accept it and it transpires that such an offer was unreasonably refused, the offering party can later produce this correspondence to the court when the issue of costs is being determined. So if the offer was reasonable but it was rejected by the other party and it results in further unnecessary litigation, they could be penalised in costs at a later stage and this correspondence will be used as evidence to show that a reasonable offer was made but it was not accepted. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.

Many thanks!

Expert:  Ben Jones replied 1 year ago.
you are welcome