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