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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 26800
Experience:  Senior Partner at Berkson Wallace
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Dear all, Are without prejudice always related to costs. I.e

Customer Question

Dear all,Are without prejudice always related to costs. I.e if I wished to have an off-the-record exchange with the opponents in a matter, could I put it without prejudice at the top of the email?
Submitted: 19 days ago.
Category: Family Law
Expert:  Stuart J replied 19 days ago.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Expert:  Stuart J replied 19 days ago.

Can you give me all the background to this matter in order for me to properly advise - thanks

Customer: replied 19 days ago.
It's a matter related to a contract where I allege misrepresentation from a large firm. I have sen the letter of claim etc and we have had numerous exchanges where they essentially deny.I just want to send them an off the record email letting them know that the press would not be impressed with their conduct and that if it goes to Court I will ensure my contacts are utilised fully.I know such an email may annoy a judge later on if it goes to proceedings; and wondered if I could put without prejudice at the top of the letter. Or is that only added when negotiations are being had.Generally its a large company basically taking the pee.
Customer: replied 19 days ago.
thanks for speedy response.
Expert:  Stuart J replied 19 days ago.

I can see no reason why you can’t do that although people seem to sprinkle WP around l liberally without due cause. It shouldn’t go in anything except something which contains an offer or omission. You can always have also, I Without Prejudice telephone conversation to try to reach a settlement.

No reason why it shouldn’t go in an email.

Be careful what you are saying because that’s bordering on blackmail. It’s not something I would put in writing

Can I help you any further with this? It's my pleasure to help. I’m glad that I was able to help so far. Thank you for trusting Just Answer with your legal problem. I'm happy to clarify anything which is outstanding. Please don't hesitate to ask. Kind regards Stuart

Customer: replied 19 days ago.
thanks for the feedback makes sense. Particulallrly the blackmail bit - i will no do it now.However, may I ask out of interest whether the WP communication MUST be to do with an offer or settlement? sorry if you feel you have already answered, just want to be clear. i.e if i put in any other converstaion would it be privileged?
Expert:  Stuart J replied 19 days ago.

You could make a veiled threat but just be careful. Don’t put anything in writing that you wouldn’t wish to be read out in court.

I had a solicitor once who wrote to the father of his clients son (the child was the result of a fling work).

The father of the child was actually a solicitor but only dealt with property but he was extremely wealthy, nice house, two kids, two cats, wife et cetera et cetera.

The mother of the illegitimate child wanted to blackmail him that if he didn’t pay the maintenance that he was obliged to pay, she would tell his wife.

The solicitor very cleverly worded it completely differently.

Provided he paid maintenance, her client would do everything in her power to make sure that his wife didn’t find out about the illegitimate child. Clever.

Bordering on blackmail. Dangerous. But still clever.

If you use Without Prejudice on anything other than an offer or an admission it makes the person receiving it no that you don’t know what you are doing and they can try and take advantage of that.

Customer: replied 19 days ago.
Brilliant :-)
I enjoyed that.
Take Care and thank you for the advice.
Expert:  Stuart J replied 19 days ago.

My pleasure to help. True stories are always the bestand  that is one of them. It was 20 years ago and I still remember it extremely well.

I hope you get sorted.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards