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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
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
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?
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
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
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
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
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