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Straw Poll

Rob Eagle
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?
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  • 0
    Rob EAGLE (Straw Poll)


    Firstly  am an "EX Plod" (25yrs) so am more leaning towards Non Civil - which this is :-

    However - The first Line is basic !! an offer to settle YOUR claim in FULL  - BUT with "STRINGS ATTACHED"


    1) YOU are requested to "STOP" any further Acton(s) in pursuance of YOUR (Plaintive) claim against their "DEFENDANT"


    2) IF YOU AGREE !! (By the Time indicated) - then the DEFENDANT will NOT ask YOU for DAMAGES (an Automatic entitlement) apparently !!


    SO in a Nutshell YOU need to Study CPR 38.6 which is a clause (Court) allowing reasonable cost(s) to the DEFENDANT !!

    These cost(s) BEWARE should be LESS than your DAMAGES

    BUT BEWARE

    When you ALLOW the CLAIM to be "Discontinued - IN FULL"

    I believe you remove/erode any right to a  "Full Liability" claim !!


    In other words they are worried you can still come back at them - rather like a "gagging clause"

    They want you to "take the money" BUT that`s it

    You cannot run around telling every one it was the Plaintiffs Fault etc etc


    HOWSZAT

    PS I will keep on studying 18th much easier !!
Reply
  • 0
    Rob EAGLE (Straw Poll)


    Firstly  am an "EX Plod" (25yrs) so am more leaning towards Non Civil - which this is :-

    However - The first Line is basic !! an offer to settle YOUR claim in FULL  - BUT with "STRINGS ATTACHED"


    1) YOU are requested to "STOP" any further Acton(s) in pursuance of YOUR (Plaintive) claim against their "DEFENDANT"


    2) IF YOU AGREE !! (By the Time indicated) - then the DEFENDANT will NOT ask YOU for DAMAGES (an Automatic entitlement) apparently !!


    SO in a Nutshell YOU need to Study CPR 38.6 which is a clause (Court) allowing reasonable cost(s) to the DEFENDANT !!

    These cost(s) BEWARE should be LESS than your DAMAGES

    BUT BEWARE

    When you ALLOW the CLAIM to be "Discontinued - IN FULL"

    I believe you remove/erode any right to a  "Full Liability" claim !!


    In other words they are worried you can still come back at them - rather like a "gagging clause"

    They want you to "take the money" BUT that`s it

    You cannot run around telling every one it was the Plaintiffs Fault etc etc


    HOWSZAT

    PS I will keep on studying 18th much easier !!
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