I have a quick query on 'without prejudice' offers. I want to go back to the other party with a counter-offer - with a view towards settling a matter.
I know that 'without prejudice' status protects me in terms of not being able to refer to it if the matter reaches the courts. Whilst I don't want the amounts discussed in court, I'd like to make it clear that I've given the other side an opportunity to settle. Also, I'd like it to be known that I've given them the opportunity to re-instate the damages directly rather than opt for a settlement on the basis of cash indemnity.
Am I asking too much here? i.e. Is it wrong of me to try and identify these elements in subsequent proceedings without any mention of the specifics of the haggle in terms of cash indemnity?
I guess I could write to them separately and ask them to reconsider reinstatement works rather than cash indemnity. Once that's knocked back, follow up with the 'without prejudice' letter - which would then only deal with negotiation of a cash settlement?
Can a 'without prejudice' communication be mentioned in a vague way? i.e. I'd like to impress upon the court (should it go that far) that I have made an attempt to settle the matter. Can this be stated without going into detail?
I know that 'without prejudice' status protects me in terms of not being able to refer to it if the matter reaches the courts. Whilst I don't want the amounts discussed in court, I'd like to make it clear that I've given the other side an opportunity to settle. Also, I'd like it to be known that I've given them the opportunity to re-instate the damages directly rather than opt for a settlement on the basis of cash indemnity.
Am I asking too much here? i.e. Is it wrong of me to try and identify these elements in subsequent proceedings without any mention of the specifics of the haggle in terms of cash indemnity?
I guess I could write to them separately and ask them to reconsider reinstatement works rather than cash indemnity. Once that's knocked back, follow up with the 'without prejudice' letter - which would then only deal with negotiation of a cash settlement?
Can a 'without prejudice' communication be mentioned in a vague way? i.e. I'd like to impress upon the court (should it go that far) that I have made an attempt to settle the matter. Can this be stated without going into detail?