Without Prejudice documents in claimant bundle without my permission

[Isiris]

I am in court on Monday for a CCJ claim against me.

 

I have only just noticed that in the other sides witness statement they have listed a proposed payment agreement by me which was sent Without Prejudice.

 

Its too late now I know but should I raise this matter immediately with the judge or wait for the other side to use it in evidence. Obvioulsy the judge has read the witness statement now.

 

TIA

[BankFodder]

I think you need to give us a lot more detail about this.

 

Also tell us more about this without prejudice agreement.

[Isiris]

I agreed to pay X Y Z on certain dates where it would clear a balance on an account.

 

We then became aware that the contract was in a non existent entity (Someone trading as) when this entity never existed. This, in our opinion, was so they did not claim against a Limited Company. There was no contract agreeing any payments, just an order form.

 

Hope that helps.

[AndyOrch]

"Without prejudice" may be used by parties who are discussing or corresponding about an existing dispute, whether or not Court proceedings have already been issued. However, it must be noted that a communication can only be "without prejudice" where the following conditions are satisfied:

 

There must be an existing dispute between the parties; and

 

The communication must contain a genuine attempt to settle the dispute. If communications are expressed to be "without prejudice", provided that they are a genuine attempt to settle, they cannot later be relied upon in Court proceedings if the attempt to settle fails.

Without Prejudice Save As To Costs

 

The "without prejudice save as to costs" rule extends the basic "without prejudice" rule. It maintains the same privilege but, should the matter go to Court, the parties can disclose communications when the Court comes to decide the issue of costs.

 

This means that the communications remain privileged until after the matter has been settled or decided by the judge. Therefore the parties can negotiate freely without fear that any admissions will be used against them in Court until the judge has decided the main points.

If communications are expressed to be "without prejudice", provided that they are a genuine attempt to settle, they cannot later be relied upon in Court proceedings if the attempt to settle fails.

 

Andy

[Isiris]

Thanks Andy

 

So I should make the judge aware at the onset that the information in the witness statement is from a without prejudice discussion

[AndyOrch]

Yes if it was a genuine attempt to settle the dispute.....possibly consider submitting a supplemental witness statement to refute it if they have actually referred to it within their statement...or is it just a listed document?

 

Listed documents within their disclosures are not necessarily evidence considered if there is no reference to it within the statement?

 

 

Andy