Open Offer or Without Prejudice

Morning! Yes, I can see how difficult your case is and I am sure you will ''get there'' in the end! Just some brief words of encouragement. I have never ignored you, and sorry if you thought I had - just had my own stuff to concentrate on! Yes, though I had to pay in full, some peeps can get fee exemption, on grounds of low income or receiving certain benefits: it is done on a sliding scale, so you may find you only have to pay a certain percent. I had thought you were already receiving benefits though, but anyway, stay strong and keep going! As you know, this site is very helpful. Ok, bye for now.

You can apply for a fee exemption and to do this you have to qualify on certain terms.

If you ring your local court (or maybe someone on here can direct you to the form - you should be able to find it on Courtform finder if you google HM Courts).

The form comes with notes to explain the criteria.

You do not need to be pushed around either by the law, your husband or anyone else.

At one point during my proceedings I managed to get a transcipt of a hearing paid at public expense.

It is possible.

PS - will be on hols next week, so if I do not reply, its not personal - just time on the net will be limited. Best of luck in meantime - but if - from memory - you are on DLA, surely that in itself wll exempt you from court fees? As for why you have had to wait for ESA since January, the mind boggles. And worth a phone call to gee them up, surely? But anyway, check out fee exemption on this site and the government one. Ok, got to go - packing to do! Off on a well-earned break! Stay strong! Bye for now

This is the link to the court fee exemption/remission form;


Notes on who can claim and form attached;

hmctscourtfinder.justice.gov.uk/courtfin...forms/ex160a-eng.pdf

Best wishes,

NWTT. x

Amefbi,

An open offer can be shown to the court. A without prejudice offer cannot.

The normal tactic is to make ludicrous open offers and better without prejudice offers.

The primary thinking behind this is to let the other side know the risk they run if they decide to go to court i.e. that the better without prejudice offer will disappear if the issue goes to court.

I would ignore all open offers with respect to threats of costs being awarded in matrimonial disputes. Costs are only awarded in extreme cases.

Rugby

I believe you are wrong, having been tutored by UK Court Judges.

Offers should be open as negotiations should always be open. You make a without prejudice offer either as it stands or save as to costs (at which point it can be disclosed otherwise it cannot).

A without prejudice offer should in all faith be better than the outcome which you believe to be fair and equitable in order to save further costs and further court cases.

I believe that becuase of my progress through UK Courts that I am a professional on the subject of privilege and without prejudice and I also believe independently that I am an expert on abuse.

Amefbi,

I''m not sure what Soulruler and me are saying is of any substantive difference: basically an open offer is generally worse than a without prejudice offer.