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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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    Like the others, I read it as they are willing to pay you the claim in full, provided you cancel the court action by the set date.  If you do that, they will not pursue you for their costs, which they could normally do if you were the one to drop the claim.  The only bit of weasel wording that worries me is that they only state that they are "willing" to pay the claim.  There is no actual undertaking that they will pay out if you drop the claim.


    Is this one of those questions where the asker keeps asking the question until they get the answer they want to hear, then they accept that answer and move on?
Reply
  • 0
    Like the others, I read it as they are willing to pay you the claim in full, provided you cancel the court action by the set date.  If you do that, they will not pursue you for their costs, which they could normally do if you were the one to drop the claim.  The only bit of weasel wording that worries me is that they only state that they are "willing" to pay the claim.  There is no actual undertaking that they will pay out if you drop the claim.


    Is this one of those questions where the asker keeps asking the question until they get the answer they want to hear, then they accept that answer and move on?
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