Court offer of settlement

[Nestled100]

Hi my friend is in court and they have just offered her 15k to settle before the hearing. She is representing herself and we need to know how she refuses this and what would be a reasonable reply… think she is looking more for 100k + But how does she go about response. Thanks in advance for speedy response.

In simple terms she tells them it's not enough. If she wants to suggest, without prejudice, a figure they can settle for then she can say so.

A couple of thoughts:

How long until the hearing?

Is the offer expressed to be under any particular section of the Court's Rules?

It depends what it's for. Where has the £100k figure come from? Ie was that on the basis of legal advice? Or just hopes?

She really needs a lawyer to help with this.

The 100k is half that amount already spent on solicitors fees and the rest is a mixture of other expenses -transport back and forth and compensation for what they have put her through and gathering all the evidence then to try and settle just before hearing starts…

As above she's probably at the point where proper legal advice, the sort you pay for, is needed.

What is she actually suing for and how much of the £100k is for the damage or whatever she has suffered? Ideally quantum and costs need to be looked at as two things albeit linked.

Offers at the door of the court are situation normal where contested litigation is concerned. Does the amount offered include her costs?

There are rules of court concerning offers, their acceptance and costs.

Be careful, if it's a Part 36 offer and she doesn't win more in court its unlikely the costs will be met by the otherside.

She needs to separate costs and damages. If it is a part 36 offer, it will also include payment of her reasonable litigation costs. If £15K is not enough, she should revert with her own offer. If she downloads a part 36 form online she can use that.

How can you spend £100,000 on fees etc and not be represented in court? Sounds odd to me. Dsnages and costs are not the same. Spending vast amounts pursuing a smallish claim isn’t wise.