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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'd like clarification on this wording of a letter

Resolved Question:

I'd like clarification on this wording of a letter received.:
..."whilst the offer is made with prejudice our client specifically reserves the right to refer to the court on the question of costs."
This refers to an offer to settle his client's claim. If we accept his offer does that mean we are liable for a further claim for unspecified costs???
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Has the case be allocated to the small claims track already?
Alex

Customer: replied 1 year ago.
small claims track
Expert:  Ash replied 1 year ago.

Ok - are you claimant or defendant?

Customer: replied 1 year ago.
Defendant
Expert:  Ash replied 1 year ago.

Ok - if you accept the offer then you are only liable for:

1) The issue fee

2) Fixed Solicitors costs on claim form, if they had instructed at that point

3) The hearing fee can be refunded

But those are the only costs you would be liable for if you accept, no other costs.

If you refuse the offer and the Claimant does better at trial, the Solicitors may be able to bring that letter of offer to the attention of the Judge after liability

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
The offer to settle the claim includes the Court issue fee.
The Claimant did not have a solicitor when he first went to court so there's no mention of solicitor costs on the original claim form.
If the claimant has paid the hearing fee then surely he can reclaim it if it doesn't go to court?
Expert:  Ash replied 1 year ago.

Yes that is what I said, the hearing fee can be refunded.

So you would only be liable for issue fee, thats it.

Does that clarify?
Alex

Customer: replied 1 year ago.
Thank you so much. My husband's blood pressure and stress level should now go down!
kind regards
Pauline
Expert:  Ash replied 1 year ago.

Happy to help Pauline. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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