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ES1 form

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LVB70
Posted by
Junior Member

20 Feb 23 #520639 by LVB70

Topic started by LVB70

Hi all,

Another question about this form. There is a section titled 'Open offer'.

1. Does this mean all offers that have been sent and responded to, or just ones that are still on the table
2. Also, how is this different from the separate document of "details of all offers and proposals" that the court wants?

TIA

hadenoughnow
Moderator

04 Mar 23 #520675 by hadenoughnow

Reply from hadenoughnow

An open offer is one that can be seen by the judge at a final hearing. There is a potential costs risk if an open offer is refused when it is seen to be reasonable and should have been accepted, negating the need for further legal costs. Open offers should be marked as such and may be required in a court order e.g after a failed FDR.

Without Prejudice offers are different. These can only be discussed up to and including FDR in the interests of trying to settle the matter. They cannot be referred to at final hearing.

Only offers that are clearly open should be listed on ES1.
At FDR, all offers to date may be included in the bundle.

Hadenoughnow

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