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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3844
Experience:  Solicitors 2 years plus PQE
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Hello This is in relation to the law in the Isle of Man. I

Customer Question

Hello This is in relation to the law in the Isle of Man. I am being sued for breach of contract in a 'summary' case. I am counterclaiming for a much larger sum. On several previous occasions I have offered (without prejudice) to settle, but the opposition has refused. They are now complaining that the costs of the case are escalating because of my counterclaim. In my submissions to the court I want to say, on this point, that I have offered to negotiate a settlement several times but the have refused. Is it okay to tell the court that? I don't want to tell the judge that if there is a risk the judge, who has presided over many hearings on this case so far, will have to be changed. I seem to recall reading somewhere that I should not disclose that? Or was it the amount?
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 3 years ago.

This is becoming quite urgent now. I think the problem might be because I mentioned the Isle of Man. What if the situation was in England?

Expert:  Nicola-mod replied 3 years ago.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Expert:  Alex J. replied 3 years ago.

Thank you for your question and welcome.

My name is AJ and I will assist you.

If the situation were in England any attempt to settle the claim would be done on a "Without Prejudice - Save as to Costs" basis. This means you could say in correspondence what you liked in order to offer a settlement without prejudicing your case.

Any letters sent to the otherside on a "Without Prejudice" basis could be shown to the Judge when the main dispute in the case is decided and the Judge is determining who pays costs.

Normally if you can agree a settlement you would address costs in that settlement as well.

Can I assist any further?

Kind regards