WITHOUT PREJUDICE email

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    WITHOUT PREJUDICE email

    Hi, I proposed to settle pre trial in a WITHOUT PREJUDICE headed email to the other party. They refused to settle.

    Am I permitted to make the judge aware that I tried to settle in a WITHOUT PREJUDICE email, but this wasn’t agreed to? Or is it the case that because my email was headed WITHOUT PREJUDICE I am not allowed to make the court aware of it?

    #2
    You can't show it to the judge, tell the judge about it, accidentally leave a copy on the judge's desk, show it to the judge in a dream, .........

    If it's without prejudice save as to cost, then if you win the case and got at least as much as you offered to settled for, THEN you can tell the judge about it before cost award is decided as that affects cost.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      What sort of case is this. If a "small claims case" that you are dealing with yourself (and so is the other side) whether you tried to mediate/settle etc is not that relevant. Normally you might bring it up where costs are discussed.

      If you win then you win -- what you agreed to settle for is totally irrelevant and has nothing to do with limiting or enlarging any award.

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        #4
        Thank you so much for both replies

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