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I have a dispute with a tradesman. I sent a Letter Before Action, with a claim for a financial amount, and said that I would be willing to use ADR. The tradesman responded with a letter marked "without prejudice save as to costs", and made an offer for 1/4 of the amount claimed. I declined the offer, and a second letter was received, again marked "without prejudice safe as to costs" with an offer for 1/2 of the claimed amount. This also was declined.
I am now preparing for ADR and one of the first questions on the from is "Has the company made any offers to settle the dispute? Please provide details:".
A search of Google seems to tell me that those letters of offer cannot be disclosed. So, do I lie on the form? If I do this, then I risk the tradesman telling ADR that offers were made.
How can I be truthful in answering that question, but not break any rules/laws/conventions about "without prejudice ...."?
I am now preparing for ADR and one of the first questions on the from is "Has the company made any offers to settle the dispute? Please provide details:".
A search of Google seems to tell me that those letters of offer cannot be disclosed. So, do I lie on the form? If I do this, then I risk the tradesman telling ADR that offers were made.
How can I be truthful in answering that question, but not break any rules/laws/conventions about "without prejudice ...."?
