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Without prejudice meaning

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  • Private message sent.
  • cowsnhope wrote: »
    ACAS seem to only be acting as a go-between.
    That is what their role is supposed to be. ACAS are merely an arbitration service. If you wanted someone to fight your corner you should've got a solicitor.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    cowsnhope wrote: »
    the ACAS solicitor is out of the office today


    Tread carefully.

    Does the figure provided meet your expectations, would you be content accepting it?
    Don’t be a can’t, be a can.
  • Without prejudice does not mean it is secret!

    It means that the offer is made without any form of admission. It isnt uncommon in motor accidents that a third parties claim may be settled on a without prejudice basis, ie the first/ second party is not making an admission of guilt just because they are settling the claim. Ignoring any "full and final settlement" type statements it for one means that they dont give an open door to any additional claims for future losses.

    The other classic case in car accidents is a 3 car shunt where the rear two cars are arguing if car 2 hit car 1 and then in turn was hit by car 3 or if car 3 hit car 2 pushing it into car 1. Car 1 is seen as innocent and so its claim may be settled on a without prejudice basis by one of the other two cars whilst the dispute over liability is resolved.

    So in this case, they are offering you a settlement without an admission and you cannot use the offer of settlement as a proof of their guilt.
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    cowsnhope wrote: »
    Thank you
    I don't really know what to do now. Part of me thinks I should hold out as this may mean they've realized they're not going to win and part of me thinks I should just make a counter offer of about half my original claim and accept whatever reduced offer comes back after that. I am no good at bartering......

    Any advice?

    This dilemma is precisely their intention. Personally I would wait to see my solicitor. No reason for you to post it here but hopefully the solicitior will have expressed aview on your likelihood of winning. You have to balance this with whether you think its enough or not as compensation for what happened? If the answer is No what would you accept? Again not asking you to say this here.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
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