If a defendant tells an outright lie in their submissions to court?

[LaylaBrown]

R0b thank you.

[LaylaBrown]

Still a bit confused. I found this online:

"What Does ‘Without Prejudice Save as to Costs’ Mean?

Another commonly used term is ‘without prejudice save as to costs’. This term means that the protection only applies in court until the court hands down a judgment. After the court makes a judgment, it decides how to award costs. Typically, the unsuccessful party must pay the other party’s legal costs, and the court may use communications marked ‘without prejudice save as to costs’ to determine exactly what those costs should be.

The court will consider whether the parties made any attempts to reach a settlement before going to court. This means that ‘without prejudice save as to costs’ can apply pressure on the other side during negotiations. The court may use any unreasonable actions during the settlement communications to determine how much they pay in costs."

My read of this is that, if I can demonstrate that the defendant was offered a certain amount to settle, but turned this down, before three months later, the day before submissions are due, offering to settle for this amount - does that not make them liable for all the wasted time and energy expended in those three months?

Or does it, at the very least, mean they can hardly claim their costs if I am unsuccessful?

[R0b]

And that is the problem with reading things online, it doesn't give you the true context of things, especially in your case.

Cases that are allocated to the small claims track disapply the majority of the rules on costs other than those I previously listed and a few others. I get the feeling you don't want to believe what I am saying and that's entirely your choice, so I won't say any more on the point but I do recommend you do some reading on the case Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269, particularly about the court's comments on what is considered unreasonable conduct.

There is no harm in you arguing what you want to say, I am just not convinced the court will agree.

[atticus]

Without Prejudice save as to Costs - see post #19 in the following thread: https://legalbeagles.info/forums/for...75#post1640675

Maybe we need a glossary.

[LaylaBrown]

If I agree to settle the claim for the amount offered, can I then start a new claim alleging the fraud that occurred and seeking the difference I feel I am owed?

[atticus]

Nice try. No.

Any new claim would be liable to be struck out as an abuse of the court process, with you being ordered to pay the defendant's legal costs.