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Straw Poll

If you were to receive a letter from the solicitors of a company you were in a dispute with and it contained the following sentence:


"Our client is willing to settle the whole of your claim, as set out in the Claim Form, Particulars of Claim and the Reply (the Claim) on the following terms:

(1) By 4pm on 14th June 2019, pursuant to CPR 38.3. you file at the court and serve a Notice of Discontinuation in respect of the entire claim

(2) Subject to you compliance with paragraph (1), our client will not seek to enforce its automatic entitlement to costs under CPR rule 38.6.  In other word, if you file and serve a Notice of Discontinuation by 4pm on 14 June 2019, you will not have to pay the costs our client has incurred to date in defending this claim.
"


What would you understand it to mean?
Parents
  • They want you to pull out. They are offering to settle, and to not pursue you for their costs.


    They are reminding you that if they win, you could also become liable to pay their costs - the other parties solicitors fees, and perhaps incidentals like postage, photocopying, time they took off work to prepare their case etc, as well as all yours of course..


    This offer says, if you withdraw, then they promise to pay up, and  not to pursue you for those costs. - this is a bargaining tactic, to make it sound like, decide now, get a better deal.


    If, and only if (be honest here) you can be confident you will win, then there is not much point in agreeing to  this, as it is far more likely that if you win, you will also want to try and recover some or all of your costs from them.

    Unless your own costs are small, and you would value the speedy expedition, then go for it.


    Someone pays for the court hearing and the solicitors, it is rarely 'knock for knock', and more often than  not the loser pays.

    So Judge decides in favour of party X against party Y the original amount claimed plus full costs, or plus £500 towards costs, or whatever.


    Unless the Judge thinks it is a silly case, but for some  legal subtelty he cannot throw it out, in which case he may decide not to award costs, or to award some de-mimis token amount. (as an example, that sometimes occurs with arguing neighbours who the judge decides are really as bad as each other, so he might decide in favour of X but only awards £1 or something, to give a hollow victory, as a way to tell both parties not to be so silly in future, as both have now wasted efforts and have  got legal fees to pay, and not a lot to show for it)



    I appreciate you may well not wish to, but if you can give more info, it may be possible to be more specific.



    edit, also, it seems they want you not just to withdraw, but to travel back in time to do so.



    For your more general education,    part 38 of the Civil Procedure Rules is  here in all its glory

    38.6 is also worth a read.
Reply
  • They want you to pull out. They are offering to settle, and to not pursue you for their costs.


    They are reminding you that if they win, you could also become liable to pay their costs - the other parties solicitors fees, and perhaps incidentals like postage, photocopying, time they took off work to prepare their case etc, as well as all yours of course..


    This offer says, if you withdraw, then they promise to pay up, and  not to pursue you for those costs. - this is a bargaining tactic, to make it sound like, decide now, get a better deal.


    If, and only if (be honest here) you can be confident you will win, then there is not much point in agreeing to  this, as it is far more likely that if you win, you will also want to try and recover some or all of your costs from them.

    Unless your own costs are small, and you would value the speedy expedition, then go for it.


    Someone pays for the court hearing and the solicitors, it is rarely 'knock for knock', and more often than  not the loser pays.

    So Judge decides in favour of party X against party Y the original amount claimed plus full costs, or plus £500 towards costs, or whatever.


    Unless the Judge thinks it is a silly case, but for some  legal subtelty he cannot throw it out, in which case he may decide not to award costs, or to award some de-mimis token amount. (as an example, that sometimes occurs with arguing neighbours who the judge decides are really as bad as each other, so he might decide in favour of X but only awards £1 or something, to give a hollow victory, as a way to tell both parties not to be so silly in future, as both have now wasted efforts and have  got legal fees to pay, and not a lot to show for it)



    I appreciate you may well not wish to, but if you can give more info, it may be possible to be more specific.



    edit, also, it seems they want you not just to withdraw, but to travel back in time to do so.



    For your more general education,    part 38 of the Civil Procedure Rules is  here in all its glory

    38.6 is also worth a read.
Children
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