"Without Prejudice" Query

[andie_303]

Hi all

 

I'm not really sure on which sub-forum this question should sit so please feel free to move it if there is a better forum.

 

Without giving away too much detail I have a question regarding without prejudice.

 

I hope you will understand the sensitive nature of this so I can't divulge much but I hope it still makes sense.

 

An email was sent from Person A to Person B detailing an agreement made between them verbally. Person A's email contained "Without Prejudice" on the top.

 

Knowing that this would not help in case of further action, Person B wrote a response to Person A basically detailing everything that Person A had sent and agreed to what Person A had stipulated. THIS DID NOT CONTAIN WITHOUT PREJUDICE.

 

Person A 7 months down the line has instigated court action and denies that any verbal or written agreement has taken place.

 

Can person B show the email response they sent to person A to the court or does that fact that Person A's initial email contained without prejudice preclude the response being submitted also?

 

Many Thanks

 

Andie

[citizenB]

It is my understanding that there has to be a genuine offer contained within the Without Prejudice communication that has been refused to be able to show a WoP communication in court.

 

I will move you to legal issues, where I am sure that someone with more understanding of this will be able to help.

[citizenB]

I found this on the internet, I dont know if it will help or not !

 

9092355[1].pdf

[BRIGADIER2JCS]

That says it all CB and is spot on, I cannot remeber using WP more than twice in 40 years.

[DonkeyB]

Yup, a WP offer HAS to be genuine or it may, with the judge’s permission, be used in court. I have done this myself in a civil case. Other side wasn’t happy that their trickery failed.

[DonkeyB]

And I also got round it, like you, by writing my own letter confirming the contents of a conversation, which they neither denied nor refuted in any way. Depending on the nature of your case, you seem to have done the right things.

[andie_303]

I found this on the internet, I dont know if it will help or not !

 

[ATTACH=CONFIG]38153[/ATTACH]

 

THANK YOU THANK YOU THANK YOU!!

 

This PDF has I think answered person B's prayers.

 

If i'm reading the "Impropiety" section correctly, as Person A has put in court documents that such agreement does not exist which is an untrue statement which can be proved to be untrue by showing the original WP email this should, I believe, render the WP null and void?

 

Again thank you sooo much

[andie_303]

And I also got round it, like you, by writing my own letter confirming the contents of a conversation, which they neither denied nor refuted in any way. Depending on the nature of your case, you seem to have done the right things.

 

Thank you DonkeyB - it's a family court situation so you can imagine how sensitive the nature and how much nerves can be frayed in these situations. Thank you for your help x

[citizenB]

[wonkeydonkey]

Often used by solicitors when making an offer before the action goes to Court....once the case has been heard and prior to any order being made they will produce the letter to show the offer had been put to the other side and refused.

 

WD