Home | Family | Family Law
Different types of offers to settle can be made. A personal injury solicitor acting for the claimant should consider making an offer to settle as early in the litigation as possible. However, before they would be in a position to do this, they would have to be able to accurately assess the value of the claimant’s claim in order to make a suitable offer. This is achieved by considering all the evidence, gathering any further evidence, for example, a medico legal report, and considering relevant case law. Once the solicitor has a figure in mind, they should make an offer to settle the whole claim if possible. A ‘without prejudice save as to costs’ offer could be made to settle. Without prejudice negotiations and offers are used to encourage parties to settle. Any negotiations which take place as part of a genuine attempt to settle are by implication without prejudice but it is best practice to mark offers, letters, etc, ’without prejudice save as to costs’. This means that such letters and offers made on a without prejudice basis cannot be used as evidence in court to prove liability, or assist with quantum calculations. The only time the judge will see without prejudice correspondence is when it comes to the issue of costs. The affect of this rule is that parties are free to make without prejudice offers without the threat that they may be used by their opponent as evidence to prove or defend liability, or on the issue of quantum. In addition to this, offers under Part 36 of the Civil Procedure Rules are becoming increasingly used by personal injury solicitors. Throughout the course of litigation, personal injury solicitors should consider and make suitable Part 36 Offers.
Article Source: http://www.onlinearticlessite.com
If you would like to know more about no win no fee medical negligence, no fee no win solicitors or injury claims in london please visit No-Win-No-Fee.com Personal Injury Claims.
Please Rate this Article
5 out of 54 out of 53 out of 52 out of 51 out of 5
Not yet Rated
