How to accept a without prejudice offer?

bartsimpson

Apologies if this isn't in the right place...

My company has received a without prejudice offer of settlement. We want to accept it, but not sure how to accept the offer as it feels like there may be pitfalls involved.

Eg what if we accept but he then doesn't pay. He then has our acceptance on record despite the fact that we don't have our money.

If we get a solicitor involved to do this for us we may have to pay almost half the settlement in legal fees which is less than desirable.

Can anyone with experience of this kind of thing help us?

Fosterdog

All your acceptance is is you agreeing to the settlement, not the settlement itself, he would still have to prove that he made the payment.

steampowered

There is nothing special about this.

A settlement contract is just like any other contract. A legally binding contract can be formed if there is a clear offer and acceptance, and consideration flowing both ways.

If it is clear from the email chain that your company and the other party have agreed to settle the case, that is sufficient.

Is your company the claimant? If so, say that your acceptance is subject to the term that the claim will only be discontinued once the money has been received, and ask the defendant to confirm that this arrangement is acceptable. If you are defendant, ask the claimant to confirm that the settlement includes all costs.