Have they admitted liability

[aspie1]

Several months ago I started a claim in the small claims court against a company for damage caused to my property when they were doing some work in my home. Prior to the claim the company denied liability but since they received the claim they have sent me an email suggesting that we discuss settlement but to date have not mentioned a sum to me. They say that if we cannot agree a figure they will still go to court and deny liability. The email was not headed 'without prejudice and they have not suggested trying to reach a settlement whilst still denying liability. It is just a thought that has come into my head but by suggesting trying to reach settlement in an 'open' letter and without denying liability have they admitted liability albeit unintentionally?

[R0b]

Ask them to put an offer in writing?

[aspie1]

Thanks for the response. I guess my original post was a bit simplistic. Suffice to say that following the email communications broke down and so we are moving towards a court hearing and I was just wondering if, despite the fact that they will deny liability in court , whether they have effectively already admitted it.

[R0b]

If they have filed a defence not admitting liability then the answer is no. Just because they are inviting you to discuss a settlement does not always imply admission of liability ynless they explicitly state they are admitting.

[aspie1]

No they have not admitted liability. It was just a thought. I think I shall still disclose the email. I guess it can do no harm, can it?

[R0b]

You can't disclose to the court at trial, discussions relating to settlement and if you do, don't be surprised if a judge adjourns for another judge and you may have to pay for wasted costs of the day.

[aspie1]

OK. Thanks for the advice and help .