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"Without prejudice letters"

  • Louise11
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21 Jun 07 #903 by Louise11
Topic started by Louise11
Hi
Can anyone tell me....
If you write a letter to other party and you put on the top "without prejudice, save as to costs" can that side show it in court? I thought only you as the sender could bring reference to it?
If that is the case what can you do about it, if they have shown it to the Judge?

Kind Regards
Louise :)

  • ChinUp
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21 Jun 07 #904 by ChinUp
Reply from ChinUp
Hi Louise

As I understand it no later than 7 days before the FDR hearing, the person applying for the order must file at court details of all offers and proposals they may have received from the other party, and any offers and proposals they have made in return. Calderbank letter (as without prejudice is known) used to apportion costs if settlement is the same or less than offers made. I believe (but check this out) that this has changed now and each party pays own costs regardless.

HTH
xChinUp

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21 Jun 07 #905 by Louise11
Reply from Louise11
Hi Chinup,

Many thanks for the reply, yep i understand the calderbank letter ect, but i was told wait for it!!! by a solicitor!!! lol, that if i wrote ANY letter and put at the beginning of it "without prejudice" then the other party could not show it in court without me first producing it. My letter was'nt an offer. :)But they showed it to the Judge, to try and stop me from being an intervenor or Mckensie friend! MMMmmm now i wonder why they are so scared of little ole me?? lol

Kind ones
Louise

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