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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I should also mention the director of the ltd company is a

Resolved Question:

I should also mention the director of the ltd company is a member of your esteemed profession :) I'm pretty sure he's committed fraud and that I can prove it- albeit in the context of having someone else create fake invoices, and omitting relevant paperwork from the mydeposits arbitration process.
He's asked for the former tenants to sign a non disclosure on condition of the acceptance of the existing offer which would prevent them from reporting the fraud- so it's an "impure" offer monetarily otherwise. I'd want the CC judge to appreciate this in case he uses the offer to show reasonableness. Any suggestions?
I am cautious about my actions firstly as the LL (or director I should say) is a property solicitor, but also as I'm doing this on behalf of others and don't want to get them in a worse situation. I'm not legally trained. I'm also not used to the court process, and feel at a disadvantage in both respects- hence the queries.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hi and thanks for asking for me.
I dont understand your question here?
Customer: replied 2 years ago.

OK- sorry- bit waffly and I'm just leaving now- but if we go to court I'd like to make it clear to the judge that part of the reason for rejecting the offer is the non disclosure agreement-NOT just the amount.

As I understand if we reject a "reasonable" offer we may be exposed to costs? Is that right and how should I underline the *unconditional nature* of the offer.

IMO the non disclosure agreement makes the LL look even more questionable than his actions, but I may be missing some subtle legal point which he'd know as he's a solicitor!

Expert:  Ash replied 2 years ago.
Ok. Then after liability has been established (not before) You can say why you didnt accept the offer etc. But you can't disclose the offer until liability has been established.
Does that help?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Again Alex,

I think I've absorbed what "without prejudice save as to costs" means....but.

The issue is, that although the LL (who is a solicitor) has put this at the top of the letter....at the bottom of the letter he has written

"[the ltd co] reserves the right to produce this letter offering to settle this matter to the court"

So- firstly as he's a solicitor I'm assuming this is correct? And that the effect of the latter condition is that he can produce it if it furthers he argument in court, but we cannot produce it first?

Expert:  Ash replied 2 years ago.
I cant say whether he is a Solicitor. He can only produce it ONCE liability has been established, as you can, not before.
Alex
Customer: replied 2 years ago.

So (and sorry to ask for confirmation)....adding that he reserves the right to show this to the court gives him no further right of disclosure before liability has been established?

Does the phrase:

"[the ltd co] reserves the right to produce this letter offering to settle this matter to the court"

carry any additional meaning or use and should I add it to my letter or not?

Expert:  Ash replied 2 years ago.
Correct.
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