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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?
Parents
  • 0
    Following on from what Buffer has said about full and final, it used to be common practice for insurance companies and others to rubber stamp the back of cheques saying that the cheque could only be paid into your account if you signed the back of it acknowledging that it was all the money you were going to get and you would not try to pursue any further claims.


    Then the company who issued the cheque would have it sent back to them by the bank to put on file.


    Andy B.
Reply
  • 0
    Following on from what Buffer has said about full and final, it used to be common practice for insurance companies and others to rubber stamp the back of cheques saying that the cheque could only be paid into your account if you signed the back of it acknowledging that it was all the money you were going to get and you would not try to pursue any further claims.


    Then the company who issued the cheque would have it sent back to them by the bank to put on file.


    Andy B.
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Community Rules & Guidelines