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Mercantile Court cases and Stays pending a test case If you have been transfered to the Mercantile court then you can discuss it here. If your cases has been stayed pending a test casse - then also you can discuss it here.

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Old 10th January 2007, 18:07   #1 (permalink)
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Cagger since : May 2006
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Default Clarification Required

I am preparing my court bundle as I am still awaiting a court date from the Mercantile court in London. I read somewhere in a tread on this forum that we should not include in our court bundle or documents any statement or statements which refers to Without prejudice. I would appreciate it if anyone would confirm if this applies to UTCCR 1999.
Below is a part I read and came across these two words and that really confused me or if the it meant do not include these words in any personal statements I would like to add to my bundle.

Sam


Unfair Terms in Consumer Contracts Regulations 1999, SI 2083, s. 6

6 Assessment of unfair terms

(1) Without prejudice to regulation 12, the unfairness of a contractual term shall be assessed, taking into account the nature of the goods or services for which the contract was concluded and by referring, at the time of conclusion of the contract, to all the circumstances attending the conclusion of the contract and to all the other terms of the contract or of another contract on which it is dependent.
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Old 12th January 2007, 10:25   #2 (permalink)
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Default Re: Clarification Required

This is different to when one of the parties to a claim puts "without prejudice" on a letter and can certainly be included in your bundle if you would like.
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Old 13th January 2007, 16:17   #3 (permalink)
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Default Re: Clarification Required

Quote:
Originally Posted by sbb1979 View Post
This is different to when one of the parties to a claim puts "without prejudice" on a letter and can certainly be included in your bundle if you would like.
sbb1979 thanks for your reply, This now clears my mind to continue with my bundle.

Sam
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