Without prejudice, save as to costs

[PickledFeret]

Hi All

Can someone answer me a question regarding the phrase Without prejudice, save as to costs.

Does this phrasing mean that I have no choice but to accept the offer, and if I refuse the respondent is allowed to chase me for their legal costs regardless of the status of my ET claim?

Thanks in advance!

[atticus]

see this post: https://legalbeagles.info/forums/for...75#post1640675 (post #19 in the thread).

[PickledFeret]

Dear atticus,


Thank you for your time and response. I am as LiP, I have read the thread you linked to and the documents/articles it links to, very informative stuff, thank you.


I have no choice, I cannot accept their offer as it does not even cover my financial losses so far, let alone compensate me in any way. But I am obviously worried that they say they will pursue me for their costs. Their offer is “without prejudice save as to costs”.


Do you have any advice on how to turn their offer down? They gave me 7 days and I have until 29 June.


At this point, we have not even exchanged documents or witness statements. The hearing is set for the end of 2024, we have had PH and have dates to exchange documents and witness statements. There is a disability claim and I provide my disability statement and evidence at the PH. Schedule of loss has also been provided to the respondent.

[jaguarsuk]

Dear atticus,


Thank you for your time and response. I am as LiP, I have read the thread you linked to and the documents/articles it links to, very informative stuff, thank you.


I have no choice, I cannot accept their offer as it does not even cover my financial losses so far, let alone compensate me in any way. But I am obviously worried that they say they will pursue me for their costs. Their offer is “without prejudice save as to costs”.


Do you have any advice on how to turn their offer down? They gave me 7 days and I have until 29 June.


At this point, we have not even exchanged documents or witness statements. The hearing is set for the end of 2024, we have had PH and have dates to exchange documents and witness statements. There is a disability claim and I provide my disability statement and evidence at the PH. Schedule of loss has also been provided to the respondent.

The reason they have worded it with that title is to allow them to make you an offer, that neither you or they can reveal to the court until such time as it comes to any discussion avout costs.

Pages 24 - 27 of The Employment Tribunals Rules of Procedure 2013 covers costs and time preparation orders to give you an idea of what the other side must prove to seek their costs here: https://assets.publishing.service.go...tober-2021.pdf

Paragraph 76 is the most pertinent.

[atticus]

The best way to turn an offer down is to say that you do not accept it, and that the case will continue.

You may wish to consider making a counter-offer.