Company changed its mind re: WITHOUT PREJUDICE OFFER

[Barbarah]

So I made an offer to settle, WITHOUT PREJUDICE SAVE AS TO COSTS, for £350.

The company made a counter offer to settle for £115, which I rejected.

I then purchased my train tickets for the hearing, at a cost of £65.

Non-refundable.

Then today, a week later, they emailed me to tell me they now accepted my offer.

So my question is, if I send them proof of the train ticket purchase, are they supposed to now cover these costs to, as travel expenses under the WITHOUT PREJUDICE SAVE AS TO COSTS rule, in addition to the £350 offer they've agreed to?

[des8]

But the counter offer they made amounts to a rejection of the original offer, so you could go back and explain to them the original offer was thereby terminated .
Make a new offer including your travel costs.

Others might have other suggestions

[R0b]

Agree with Des.

Explain the fact that they rejected your initial offer and you have now incurred further costs as a result so if they want to settle without the need to go to court, then the new offer is £415 which is made up of the £350 plus the £65 for train ticket.

[2222]

On a purely practical basis, would you have accepted £285 (£350-£65) to settle, if they had offered that instead of £115? If so, you may be prepared to compromise over the train ticket, so as to avoid the risk of the court hearing.

I think I'd write to them explaining the issue, without at that stage rejecting their £350 offer. They clearly have looked at this and decided it's not worth fighting, but they may have an upper limit on what they'll pay, and there's no point having a trial if you're only a few pounds apart.