Offers

Hi everyone.
what is the difference between a without prejudice offer and an open offer?

"Without prejudice" means protective wording on an offer of settlement to ensure that if refused it will not be shown to the Court and prejudice proceedings.

"open offers/communication" mean those offers or communications can be shown to the court during proceedings.

so, in short if you send over a without prejudice offer, it can't be used in court. Offers made to either side ahead of the FDR must be open offers.

Thank you rubytuesday.
So if I want the court aware of the offer I should make an open offer but state that on the heading?

Just checked the court order and it says we both have to make without prejudice offers 14 days before the FDR appointment and without prejudice and open offers 7 days before the FDR appointment. So the judge will see all offers made, even the without prejudice ones?

No, the Judge will only see the open offers.

I don't understand why we have to make 2 offers or am I being stupid?

Hmm. I think offers ahead of FDR are without prejudice. It is offers ahead of final hearing that are open (although application offers may be exchanged post FDR before costs of FH are incurred i.e. s25 statements etc).

An early open offer can give focus, especially if matters proceed to FH quite unnecessarily. Cost orders are rare but may be more likely if it can be seen that costs have been incurred unreasonably.

Hadenoughnow