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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3495
Experience:  Two years conveyancing experience.
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I have just discovered a solicitor titled a email WITHOUT

Customer Question

I have just discovered a solicitor titled a email WITHOUT PREJUDICE SAVE AS TO COSTS whihc means I cant use all the stuff I have sent him in court, how do reverse this element with the correct wording or approach to the solcitor
Submitted: 3 months ago.
Category: Property Law
Expert:  Alex J. replied 3 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. What type of documents have you sent under the without prejudice heading? Kind regards AJ

Customer: replied 3 months ago.
Hello I have sent replies to 7 e-mails with the title 56 Cotswold Meadow - Without Prejudice save as to Costs, what can I do change this as they are playing games with me.
Customer: replied 3 months ago.
I got the following back from them when I asked them to remove the "without prejudice element"It is not for you to determine which of our correspondence is or is not headed “without prejudice”. If we are dealing with matters on a “without prejudice” basis, it is because our client wants the protection of privileged correspondence in connection with matters set out within those messages, i.e. so that those communications cannot be divulged to a Court.
Customer: replied 3 months ago.
I would like all documents to be used in court
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. Just because they are marked "Without Prejudice" does not mean they are totally excluded, there must be an actual reason for the without prejudice titling. What do the emails actually say? Are they admissions of guilt or do they actually contain evidence? Kind regards AJ

Customer: replied 3 months ago.
Why I asked them to remove the "without prejudice element" I got the following reply -It is not for you to determine which of our correspondence is or is not headed “without prejudice”. If we are dealing with matters on a “without prejudice” basis, it is because our client wants the protection of privileged correspondence in connection with matters set out within those messages, i.e. so that those communications cannot be divulged to a Court.
Expert:  Alex J. replied 3 months ago.

Hi, What they are saying is correct, but they cannot us WP correspondence as a way of with holding evidence from the court. If the correspondence holds details of a settlement negotiation that is WP, if the correspondence contains key factual information relevant to the claim that wont be WP even if it is marked so. Is any of the content a negotiation over settlement?

Customer: replied 3 months ago.
it is a content a negotiation over settlement?, but a very poor offer and with a lot of costs added in they are trying to claim for
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. If that is the only content of the email then you wont be able to disclose it in court, you will only be able to show it to the court once the case is over and they are deciding costs. You can then use the WP correspondence to show unreasonable behavior on their part. Kind regards AJ

Customer: replied 3 months ago.
Can I challenge WP correspondence to show unreasonable behavior on their part before the court case, the guy they are protecting is worried about his image and not the fact he has taken money for a house as a deposit and is trying to sell it twice
Expert:  Alex J. replied 3 months ago.

Thank you. The case wont be decided on the basis of unreasonable behaviour it will only be decided on the legal facts. I would write back to the otherside and say you believe the offer is unacceptable and unreasonable and will be showing this to the court when it comes to the issue of deciding costs, this will at least put pressure on them. Kind regards AJ

Customer: replied 3 months ago.
They have just sent me this again ref WP, how can I reply
We acknowledge receipt of your email dated 11th August with attachments.
We are obliged to you for preparing the spreadsheet of all the payments which you state you have made to our client.
It is also helpful that you have divulged the letter from onlybridging.co.uk.
We have immediately forwarded your message and documents to our client, and are awaiting instructions.
If a “without prejudice” settlement meeting between the parties is to take place, what do you propose should be the venue for that meeting?
We are happy to use this firm’s offices for the meeting, if you have no objection to that.
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. I the best venue would be a solicitors office, either yours or theirs. You need to have the meeting somewhere private. Do you have anyone advising you? Kind regards AJ

Customer: replied 3 months ago.
Hello AJIts their play on the WP front that strikes me they are worried about the case against there client. I have won four cases with advise from Just Answers but for this case I will appoint a property solicitor, I just need to find one that does the job rather in a direct, aggressive and progressive manner.RegardsDavid
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. ***** said they cannot use WP correspondence as a way of with holding evidence, if they have marked something WP that is clearly not WP then they will have to disclose it to the court. If they are only prepared to settle the case on unreasonable terms then it will have to go to trial and their conduct will be penalised when it comes to deciding costs. Kind regards AJ

Customer: replied 3 months ago.
Hi, do you think I could defend this case with you help, as I love challenging them. When I have been to court before the judge they always asks why I represent myself and it is a case of I like the work and it means more money goes to my children.
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. I think a Judge tends to give a litigant in person a bit more discretion, I can certainly assist you on this thread if you have questions involving the case. Kind regards AJ

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