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Original poster

If you were getting sued and you don't know for how much, and you had the chance to pay for a part of what you are getting sued for...

17 replies

dolally · 29/10/2006 22:11

would you offer to pay that... or would it damage your defence? Though it couldn't damage your defence because you know you have to pay it so your offer now is really because it's the first opportunity you have had to put a figure on what might eventually be owed. That's the only reason you haven't yet paid it, and the reason you are getting sued.

If any one can understand all that, and comment on it, I'll be a more peaceful woman tonight!

OP posts:
southeastastra · 29/10/2006 22:14

why are you being sued?

lulumama · 29/10/2006 22:14

if you are admitting liability by paying part of it and then that will be the end of the matter,,then do so,,,but doensl;t sound like it

can you elaborate a teeny bit more as i am a tad confused

a parrtial admission of liability might goin your favour,,,hard to say

edam · 29/10/2006 22:15

Um, I'm not a lawyer but if you are offering to settle then you are admitting liability, I'd imagine. And if they accept the offer it might imply full and final settlement ie it might stop them coming after you for any more. But I'd get proper legal advice if I were you.

hairymclary · 29/10/2006 22:17

if you know that you are going to have to pay eventually because they are in the right to be suing you, then yes.
because surely it'll look better and like you're willing to pay it and then perhaps they will be more lenient?

harpsichordcarrion · 29/10/2006 22:17

I am a bit confused .
If you want to pay, then I would pay it in full and final settlement without admission of liability, but that might be tricky if there isn't an actual claim so far.
if you think liability is a foregone conclusion, then I wouldn't pay the whole thing now, I would get everything out on the table and tie everything up formally in one go, ideally with some legal advice.
hth

Original poster
dolally · 29/10/2006 22:25

I'm really sorry to be so vague, but it's a long and depressing story and I just cannot face going into it now. We are being sued but there is no actual claim, which we why we cannot even pay the whole if we wanted to. We always said we would pay what was needed when and if it was needed but we are being sued anyway. There is now an amount to pay which is certainly not the last of it... I can see that it's admitting liability but then we never denied liability. If you see what I mean...

We have lawyers involved but they're just going thru the motions. My instinct tells me to make this offer personally to the injured party. What harm can it do me?

OP posts:
harpsichordcarrion · 29/10/2006 22:31

if you offer to pay then you will be admitting liability, and your admission will count against you.
you need to be aware of that

lulumama · 29/10/2006 22:36

i don' understand what you mean when you say that you are being sued but there is no claim> sorry...is this being taken to court or are you negotiating a settlement

if lawyers involved, then i wouldn;t start trying to do something without them and go to the other party personally... it could be misconstrued in court ,especially if they don;t accept your offer

Original poster
dolally · 29/10/2006 22:38

I know we are liable, and I am afraid that the ABSENCE of any positive offer from us, might also count against us...! At the moment the case feels like we are being made to look like real bums, but maybe that's only because I've never been sued before.

OP posts:
lulumama · 29/10/2006 22:40

if you know you are liable...then the solicitors need to negotiate on your behalf to settle before this goes to court.....especially if it will involve money you dont have

make a reasonable offer,through the solicitors?

harpsichordcarrion · 29/10/2006 22:43

(I take it to mean that there is no formal claim, i.e. it hasn't been formally pleaded in court papers.)
no, the absence of an offer from you can't really count against you. it is just the game. making an offer when you don't know how much is being claimed is very normal and no-one would think you were bums. if you have a lawyer then use the lawyer, don't go in person.
if you are worried then speak to your lawyer and get some reassurance. if your lawyer is rubbish, then get another one. I am sorry that you are worrying about this

Original poster
dolally · 29/10/2006 22:45

god, i feel very mean (not to mention stupid) asking for all this advice without telling you the problem.

There is no claim yet because the other side are trying to get us accused of a crime in order then to make a claim for damages... damages as yet not yet established.

OP posts:
lulumama · 29/10/2006 22:47

but you say you know you are liable.....

confused now..

this is not a civil matter then? if your lawyers not good...agree with HC..find a new one.!

Original poster
dolally · 29/10/2006 22:52

Well I mean I feel responsible, but I don't feel like a committed a crime. By getting me accused of infringement of the law, the other side has found a more economic way of claiming some money from us.

Sorry I know I should be discussing this with lawyers, it was just a thought to ask what the court of MN think!

OP posts:
edam · 29/10/2006 22:52

You need to talk to your lawyers, not us.

lulumama · 29/10/2006 22:54

tis too hard to say...especially if you are involved with lawyers....and we don;t know the full story
if know you are liable..try to settle before it goes to court......

can;t advise any more than that!

Original poster
dolally · 29/10/2006 22:54

must go to bed now .- will check back in the morning. Thanks for trying to help without the background info...

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