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Without Prejudice!!!!

  • Sera
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05 Nov 07 #5896 by Sera
Topic started by Sera
Just nine days away for my trial in Court for my 2bx to rid me from my home (Occupation Order).... erm, anyone following my non-mol thread will see how awful he says I am to live with...

However, life being so awful for him, he brings me a coffee this morning, and says "That's without prejudice" ! ;)

Now, since he's prepared 108 pages, stating he fears me, and needs rid of me from MH, he has consistantly throughout shared coffee... which his sol denies.
His litigation lead drama, is not what is actually going on in our home, which I intend to prove.

When I ask why the coffee is 'without prejudice'he states:

"So you can't mention it in court"!!!!!


However, his sols have now added letters marked 'Without Prejudice', and am I right in thinking that all WP letters can be quoted once at trial!?

  • DownButNotOut
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05 Nov 07 #5897 by DownButNotOut
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Coffee 'without prejudice', thats a new one!

Reminds me of the credit company i was in trouble with due to deteriorating finances during divorce. I rang up one day to make an agreed monthly payment and the agent said that he was taking the payment 'without prejudice'. I'm sure most people wouldn't have a clue what he was on about - luckily i had learnt the term from divorce and realised that the buggers wanted to take the payment but to later be able to keep my payments secret from a court so they could more easily enforce a judgement against me. So i told the guy I wasn't an idiot and to send me an updated payment history each month.

The answer to your question is that 'without prejudice' documents can be disclosed during the FDR as that whole hearing is held 'without prejudice', but apart from that, they cannot be disclosed to the court until the latter stages of the final hearing (after the judgement has been made) when the matter of costs is debated.

So this means evidence in 'without prejudice' docs cannot be considered by the court in making the main judgement, they are only considered when debating costs.

  • Louise11
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05 Nov 07 #5899 by Louise11
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Hahahahahah

Yep as DBNO answers with the "truth the whole truth and nothing but the truth" he is spot on with his Knowledge! BUT..............

Every letter we ever wrote at the beginning of our case was "without prejudice" basically because we didnt know what we were doing! Did it matter? Not one iota, the other side put all our letters in "the bundle" for the FH.

Did anyone get in trouble? Did anyone take any notice? Nope but I bet the Judge had read most of them before we entered court!
But to be fair, I think thats probably why we would of won our case, if we had to have gone through a FH!
Maybe her barrister realised just what was going on and thought ruddy hell lets get this settled, he went through the mill a bit at the hearing before.
So hey ho whilst some solicitors will try ANYTHING as there doesn't seem to be any penalties for doing so, then unfortunately the "rule book" is very very bendable!

Kind ones
Louise

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