Without prejudice

joethegrinder

my solicitor sent a letter to a company that I owed a large sum of money too.making them an offer to settle

Through the four courts office, and left out without prejudice on the letter there for throwing me completely under the bus. Is my solicitor at fault for doing this. And can he be punished by law society

For unprofessional work

Lenar3556

https://www.boards.ie/discussion/2058368895/without-prejudice

It is unlikely to be of much significance.
Why do you think there is now a problem?

Jim_Hodge

Could you rephrase the OP? It doesn't make sense as it stands.

28064212

Have you established that the phrase was left out by mistake? How?

What practical negative impact has this had directly on you?

joethegrinder

the letter was then used in court as evidence that I owed the company money and I was caught

To pay the full amount plus the interest on it

If without prejudice had been used it could not be used as evidence

28064212

Have you established that the phrase was left out by mistake? How?

Has the solicitor said they made a mistake? Has an independent legal professional said they screwed up? Have you had another solicitor look at the case and they've stated that you would have won the case if this hadn't happened?

Sono

If you owe them, pay the money and stop nitpicking

Raichų

https://www.boards.ie/discussion/comment/122614379#Comment_122614379

I’m sorry but I really don’t think it’s quite so simple. By offering a settlement to the debt are you not therefore admitting you owe the debt?

I’m also fairly confident the company in question is more than likely in control of other evidence otherwise they wouldn’t take you to court like?

Sounds like your plan backfired and you’re pissy with the solicitor for it OP to be honest.

Jim_Hodge

Without prejudice is used to avoid an admission of liability. Had you any grounds to challenge liability for the debt? If you were clearly in debt to the company then it would be a pointless exercise trying to use it. I'm very sure the company had more evidence that you owed money than the fact that you offered a settlement amount. Offering a settlement is, in itself, an admission of liability.

joethegrinder

the point is I had done work for the company but they would not allow me the amount I was charging for

My work and this is why it went to court

Mrs OBumble

https://www.boards.ie/discussion/comment/122614947#Comment_122614947

You owe them for work you had done for them? How goes that play out????

Raichų

https://www.boards.ie/discussion/comment/122615125#Comment_122615125

I think it’s the “bullshit story” clause some sneaky devils sneak into paperwork.

Woodcutting

https://www.boards.ie/discussion/comment/122614487#Comment_122614487

My understanding is anything marked WP can't be used in court. I once saw a letter sent by an insurance company to a personal injury victim which was flagged WP and contained a lot of blatant lies saying the injured person refused to go to hospital when they had been taken in an ambulance. The matter was settled out of court so the WP was not tested

Esel

https://www.boards.ie/discussion/comment/122615125#Comment_122615125

I interpret the post to mean that the OP owed the company a large amount, but they also owed the OP a lesser amount, and this lesser amount due to the OP was not taken into account. Or something.

Jim2007

https://www.boards.ie/discussion/2058368895/without-prejudice

Well it's the same solicitor as in your other threads, it is definitely time you did something, otherwise you are very unfortunate in dealings with the legal profession.