Can AI Draft a Legally Binding Will? Risks You Shouldn’t Ignore

by | Nov 13, 2025 | General, People, Powers of Attorney, Wills

The rise of generative Artificial Intelligence (AI) has made it possible to draft documents faster and cheaper than ever before. For something as crucial as a Will—the legal document that secures your legacy and protects your loved ones—the temptation to use a free or low-cost AI tool can be strong.

At KhanMather, we believe in embracing technology, but we must also issue a serious warning: AI cannot replace the expertise of a qualified solicitor when drafting a legally sound, complex Will in the UK.

While an AI can certainly generate a document that looks like a Will, the consequences of relying on technology for this vital legal step are often devastating, expensive, and irreversible.

The Fatal Flaws: Where AI Fails the Test

For a Will to be legally valid in England and Wales, it must meet stringent requirements laid out in the Wills Act 1837. AI fails to provide a safeguard against critical errors in three main areas:

  1. The Execution and Formalities Trap

A Will is not valid simply because it is written down. It must be executed correctly:

  • It must be signed by the Testator (the person making the Will).
  • The signature must be made or acknowledged in the presence of two witnesses present at the same time.
  • Each witness must then sign the Will in the Testator’s presence.
  • Crucially, a witness (or their spouse/civil partner) cannot be a beneficiary of the Will.

AI has no way to monitor or enforce these physical, procedural requirements. An incorrectly witnessed Will—even one drafted with perfect legal language—is invalid. An error here can lead to the entire estate being distributed under the intestacy rules, completely overriding the Testator’s wishes.

  1. Lack of Personalised Advice and Context

AI is excellent at pattern recognition but terrible at human nuance. A solicitor’s role is not just to type a document; it is to provide advice based on your unique circumstances:

  • Complex Families: Blended families, estranged children, or dependents with special needs require bespoke clauses, protective trusts, or letters of wishes that a template-driven AI is likely to miss.
  • Tax Planning: AI cannot offer tailored, up-to-date advice on Inheritance Tax (IHT) mitigation, the use of transferable nil-rate bands, or other sophisticated tax planning strategies that can save your beneficiaries tens or even hundreds of thousands of pounds.
  • Overseas Assets and Business Interests: If you own property abroad or hold complex business assets, the Will requires specialist, jurisdictional advice that a generic AI cannot provide.

You don’t know what you don’t know. A solicitor will ask the critical, probing questions that you might never have considered.

  1. Ambiguity and “Hallucinations”

AI-generated text is prone to “hallucinations”—confidently asserting information that is incorrect—or simply using ambiguous language. In a Will, even minor ambiguity can lead to:

  • Costly Disputes: Unclear wording often forces beneficiaries to seek court interpretation, leading to protracted, expensive legal battles that drain the estate and cause family conflict.
  • Unintended Consequences: Vague terms can inadvertently create a different legal outcome than intended, potentially causing certain assets to be distributed in a non-tax-efficient way or to unintended recipients.

The True Cost of a DIY or AI Will

While the upfront cost of an AI tool may seem appealingly low, the eventual financial and emotional cost of an invalid or flawed Will is almost always exponentially higher:

Initial Cost Potential Future Cost
Low or Zero Litigation to resolve disputes: Tens of Thousands of Pounds
Zero Accountability Unplanned Inheritance Tax Liability: 40% of the estate above the threshold
No Personal Advice Estate distributed under Intestacy Rules, ignoring your partner or wishes
No Professional Recourse No professional indemnity insurance or SRA regulation to protect you from an error

Protect Your Legacy with Professional Expertise

Making a Will is one of the most important legal acts you will ever undertake. It is an investment in your family’s future security and peace of mind.

At KhanMather, our solicitors combine deep legal expertise with a compassionate understanding of your personal situation. We ensure your Will is not only legally watertight but also perfectly tailored to your family structure and financial goals, protecting your assets from unnecessary tax and potential challenges.

Don’t let a fast, cheap AI gamble with your legacy. Contact Georgina Hardman at at KhanMather on 0161 850 9911 today for advice you can truly trust.

Your First Will: Everything You Need to Know

by | Nov 5, 2025 | General, People, Powers of Attorney, Wills

By Georgina Hardman | Wills & Probate Solicitor, KhanMather

Stepping into a solicitor’s office to discuss your will for the very first time can feel like a big, perhaps even slightly daunting, step. At KhanMather, I’m here to tell you it’s actually a fantastic, proactive step that gives you complete control over your future.

As a Wills and Probate Solicitor, I’ve guided countless clients through this process. Whether you’ve just bought your first home, welcomed a new baby, or simply realised that now is the time to get your affairs in order, making that first will is easier than you think.

Here is my guide to everything you need to know about making your first will in the UK.

Why Do I Need a Will? The ‘Intestacy Trap’

Many people assume their assets will automatically pass to their spouse or children. Unfortunately, that’s not always the case. Without a legally valid will, your estate (your money, property, and possessions) is distributed according to the Rules of Intestacy.

These rules are strict, inflexible, and often lead to outcomes you would never have chosen. For example:

  • Unmarried Partners: If you are cohabiting but not married or in a civil partnership, your partner will receive nothing under the Rules of Intestacy.
  • Minor Children: Intestacy can make managing funds for minor children much more complex and can lead to financial burdens for surviving relatives.
  • Inheritance Tax: A poorly structured estate can unnecessarily increase the amount of Inheritance Tax payable.

The simple truth is: if you don’t have a will, the law decides who gets what. A will ensures you decide.

The Key Decisions: What Goes Into Your Will?

When you meet with me, we will discuss the following critical elements:

  1. Executors

Your Executors are the people you choose to administer your estate after your death. They are responsible for valuing your assets, paying any debts and taxes (including Inheritance Tax), and distributing the estate according to your wishes.

  • My Advice: Choose reliable people you trust. It is common to name two executors, perhaps family members or friends.
  1. Guardians (Crucial for Parents!)

If you have children under the age of 18, your will is the only place you can legally nominate who you wish to appoint as their Guardian. This is arguably the most important decision for parents, ensuring your children are cared for by people you trust if the worst should happen.

  1. Specific Gifts (Legacies)

Do you want to leave a specific item (like a piece of jewellery, art, or a car) or a set amount of cash to a particular person or charity? These are known as specific legacies.

  1. The Residue

The ‘residue’ is what is left of your estate after all debts, taxes, and specific gifts have been paid. You need to clearly state who receives this residue. This is usually where the bulk of the estate is distributed, typically to a spouse, children, or other close family members.

Why Use a Solicitor and Not a DIY Will Kit?

While it might seem tempting to use a cheap, off-the-shelf will kit, I strongly advise against it for your first will. A minor technical error can invalidate the entire document.

Common issues with DIY wills include:

  • Improper Signing and Witnessing: UK law has very specific requirements. Failure to adhere to them makes the will worthless.
  • Ambiguous Wording: Vague language can lead to expensive legal disputes between beneficiaries.
  • Missing Important Clauses: DIY kits often fail to include essential clauses relating to tax efficiency or what happens if a beneficiary dies before you.

Using a KhanMather solicitor guarantees your will is legally valid, accurately reflects your wishes, and is as tax-efficient as possible.

Next Steps: Preparing for Your Appointment

To make your meeting with me as productive as possible, it helps to think about the following points beforehand:

  1. Who will be your Executors? (Full names and addresses)
  2. Who will be the Guardians for your minor children?
  3. A list of your assets: Property, bank accounts, investments, pensions, and insurance policies. (We don’t need exact figures, just an overview).
  4. Who are your beneficiaries? (Who do you want to leave your estate to?)

Making your first will is an act of responsibility and love for your family. It provides peace of mind that your loved ones will be taken care of exactly as you intend.

If you’re ready to take this important step, please contact the KhanMather team today to arrange a confidential discussion with me, Georgina Hardman, about drafting your first will.

Protect your future. Protect your family.

Prioritising Our People: Menopause Support at KhanMather

by | Oct 1, 2025 | General, People

October is Menopause Awareness Month, we recognise that supporting our staff through significant life transitions is fundamental to our success. The menopause is a natural part of life for many women, and symptoms can have a genuine impact on well-being and concentration at work.

At KhanMather, we are committed to fostering an inclusive and supportive environment where our team feels valued and understood. This means ensuring that everyone, including those navigating perimenopause and menopause, has the resources and flexibility they need to thrive.

Our Commitment to a Supportive Workplace

We believe that open communication and practical support are the keys to managing the impact of menopause in the workplace. Our approach is built on understanding, flexibility, and confidentiality:

1. Open Dialogue and Confidentiality

We actively encourage a culture where individuals feel safe and comfortable discussing their health needs.

· Designated Contacts: We have trained HR and senior staff members who serve as confidential points of contact. They understand menopausal symptoms and the potential impact on work and can discuss support options privately.

· Raising Awareness: We run internal awareness campaigns and provide educational resources to help all staff understand the menopause, reducing stigma and promoting empathy across the firm.

2. Tailored Workplace Adjustments

Recognising that every individual’s experience is different, we focus on providing practical, sensible adjustments to help manage symptoms. These aren’t just policies; they are flexible arrangements made on a case-by-case basis:

· Environmental Comfort: We ensure easy access to temperature control (e.g., desk fans, control over local heating) and adequate ventilation in work areas.

· Flexible Working: We offer flexible working arrangements, such as adjusting start/finish times or providing options for working from home, to help manage symptoms like sleep disturbance or severe fatigue.

· Breaks and Facilities: Employees can access quiet rest areas and are encouraged to take regular, necessary breaks, including time to manage hot flushes or take medication.

By addressing the menopause sensitively and proactively, we aim to retain our valued talent, reduce stress, and ensure that our brilliant team members can continue to deliver outstanding work for our clients.

At KhanMather, we look after our people because we know that our people are our greatest strength.

Renters’ Rights Act: What Landlords and Tenants Need to Know

by | Sep 25, 2025 | Conveyancing, General, Landlord and Tenant Law, People

Introduction

 

Housing reform is on the horizon. The UK government’s Renters’ Rights Bill (also referred to in some documents as the Renters’ Rights Act when enacted) promises to bring major change to the private rented sector in England. Although not all details are final, many of the key provisions have been published—and it’s clear the law will shift the balance of power (and obligations) between landlords and tenants. At KhanMather, we believe it’s crucial for both sides to understand what’s coming, how it will change day-to-day renting, and how to prepare.

 

Key Changes in the New Legislation

 

Here are some of the most important proposed changes.

What the Bill proposes?

No-fault evictions (“Section 21” notices)

Landlords can issue Section 21 notices to evict tenants at the end of fixed-term ASTs (Assured Shorthold Tenancies) without giving a reason. ([GOV.UK][1])

The Bill will abolish Section 21 notices. Evictions will require valid legal grounds (using a reformed Section 8 / other grounds) even for ending periodic tenancies. Fixed-term ASTs will largely disappear; all tenancies will tend to become periodic (rolling) tenancies. ([Shelter England][2])

 

Fixed-term tenancies

Many tenancies are fixed for a term (e.g. 6 or 12 months) that ends on a given date; tenant and landlord often must negotiate renewal. ([Shelter England][2])

These will largely be phased out: the law proposes that assured shorthold/fixed-term ASTs convert to periodic assured tenancies. Tenancies will no longer have a fixed end date in the same way. ([Dentons][3])

 

Rent in advance & deposit & fee limits etc.

Currently landlords often ask for several months’ rent in advance plus deposits, plus letting/holding fees etc. There are some restrictions already (e.g. Tenant Fees Act), deposit protection requirements. ([GOV.UK][4])

Under the new law: limits on rent in advance (usually max one month), stricter rules on rent increases (must give notice, and tenants will have stronger rights to challenge them) etc. ([Shelter England][2])

 

Landlord redress / Ombudsman / regulation

There are existing complaint / redress systems (for agents, etc.), but private landlords are not currently universally required to join an ombudsman or a redress scheme. ([British Landlords Association][5])

The Bill introduces a new Private Rented Sector Landlord Ombudsman (or redress scheme) which all private landlords with assured or regulated tenancies will be required to join, whether or not they use an agent. This provides tenants with a free route to complain about a landlord’s conduct. Landlords who fail to join will face penalties (civil and potentially criminal). ([GOV.UK][1])

 

Deposit protection

Already by law: deposits must be protected in a government-approved Tenancy Deposit Protection (TDP) scheme (if the tenancy is an AST). There are rules about giving prescribed information etc. ([GOV.UK][4])

The Bill reinforces tenants’ rights and strengthens enforcement. Existing obligations remain, and non-compliance will have more serious consequences. Also, deposit protection links into the broader regulatory / redress regime so that landlords not complying with deposit protection may find themselves disadvantaged in other ways (e.g. eviction rights, enforcement). ([Shelter England][2])

 

What It Means for Landlords

If you own or manage rental property, these changes will require planning and adaptation. Key implications:

  1. Eviction / Possession Claims

You will no longer be able to rely on Section 21 “no-fault” notices. If you need to regain possession, you will need to use specific legal grounds (e.g. rent arrears, sale of the property, needing for personal occupation) under the reformed Section 8 or equivalent. You’ll need to ensure your grounds are valid, properly documented, and notice periods follow the new statutes. ([Dentons][3])

  1. Tenancy Structure & Certainty

With fixed‐terms effectively going away (for new tenancies, and existing ASTs converting to periodic tenancies), landlords will lose some of the certainty of knowing when a tenancy will end. Advance notice, clarity of grounds, and good communication will become more important. ([Dentons][3])

  1. Joining the Ombudsman / Redress Scheme

From the new scheme’s launch, you will *legally* be required to join it. Failure to do so could lead to penalties, loss of certain rights (e.g. possibly the right to possession under some grounds), and exposure to compensation claims from tenants. ([GOV.UK][1])

  1. Deposits & Advance Rent

Make sure that deposits are always protected under a recognised scheme and all prescribed information is given. Check your practices around requesting rent in advance and ensure you don’t exceed allowable limits once the law changes. Failure to comply could reduce or eliminate some of your legal protections. ([Shelter England][2])

  1. Dispute / Complaints Handling

Since tenants will have access to the ombudsman, and outcomes may be binding or enforceable, procedures for responding to complaints, keeping records, encouraging best practice, and ensuring communication/documentation are critically important. It may make sense to review template notices, tenancy agreements, breach / warning letters, etc., to ensure they stand up to scrutiny.

  1. Possible Costs / Administrative Burden

There may be fees for joining the ombudsman, costs for registering on any PRS (Private Rented Sector) database, updating tenancy agreements or policies, and ensuring compliance with standards (housing condition, safety, etc.). Also, there may be transitional arrangements, but it’s wise to start preparing early.

  1. Market Behaviour & Risk

Some landlords may try to exit the sector if they feel the regulatory burden or risk has increased. This could reduce supply. Also, rents may increase to cover extra costs (fees, compliance, etc.). There may also be more scrutiny of landlord practices (repairs, safety, fairness).

 

What It Means for Tenants

The Bill aims to give tenants greater security, clearer rights, and better protection from unfair practices. Highlights include:

 

  1. Greater Security of Tenure

Without Section 21, tenants will have more protection from eviction without cause. You’ll need to comply with the tenancy obligations, but you’ll also have the right to stay unless a landlord can show a legal (fair) reason. If you have an AST, your tenancy may convert into a periodic tenancy, which helps avoid uncertainty. ([Dentons][3])

  1. Fairer Rent Increases

Landlords will need to follow specified notice periods for rent increases. Tenants will have routes to challenge increases they believe are unfair, possibly via tribunal or ombudsman. ([Shelter England][2])

  1. Limits on Advance Payments & Deposits

Expect limits on how much you can be asked for in advance (rent, etc.). Deposits must be protected, and you should receive prescribed information. This helps avoid surprise costs. ([Shelter England][2])

  1. Access to Complaints & Redress

The introduction of a mandatory ombudsman redress scheme means that tenants will (for the first time in many cases) have a formal, free mechanism to complain about landlords, for example, over repairs, unfair terms or behaviour, or mismanagement. This should give more power and some recourse without necessarily going to court. ([GOV.UK][1])

  1. Improved Transparency

With landlords required to register and properties listed on PRS databases (where those are introduced), plus stricter regulation on what information must be provided (before and during tenancy), tenants should be better able to see who owns/lets a property, its history of compliance, and prospective costs.

  1. Protections Against Rogue Landlords

Because non-compliance by landlords (e.g., with deposit protection, with the Ombudsman scheme) will have consequences, tenants may be better shielded from unfair practices and landlords who cut corners.

 

What Is Not Yet Certain / Potential Areas of Debate

While many proposals are clear, some details remain to be finalised, and some parts may evolve in debate or via regulation. Key things to watch:

  • The precise commencement date for all parts of the Bill (when each change takes effect). Some parts may have transitional arrangements.
  • The exact notice periods for different kinds of possession grounds.
  • How “reasonable” rent increases will be judged; what tribunal or appeal process will look like in practice.
  • How strict enforcement will be, and exactly how council powers will work.
  • The cost of joining the ombudsman or registering in the database, and whether those costs will be small/administrative or more significant.
  • How well local authorities are resourced to enforce the new rules.
  • Possible unintended consequences: e.g. some landlords may reduce investment, or raise rents to cover risk, or be more selective in tenants.

 

Practical Tips: Preparing Now

Here are things landlords and tenants can do to get ready.

For Landlords:

  • Audit all your current tenancies: fixed-term ASTs, notice periods, deposit protection, breach/warning procedures.
  • Review and update tenancy agreements to make sure they don’t contain terms that will become invalid or unenforceable under the new law.
  • Ensure you use a government-approved deposit protection scheme AND issue prescribed information properly.
  • Plan your record-keeping: maintain good documentation of rent arrears, communications with tenants, repair requests etc., to support any legal grounds for possession.
  • Budget for compliance: joining the Ombudsman, registering on any landlord/PRS database, possible audit or inspections, updating repairs/maintenance obligations etc.
  • Train or inform agents or staff about the changes.

 

For Tenants:

  • Check your tenancy agreement: see what type of tenancy you have (AST, periodic etc.), whether your deposit is protected, what notices are required.
  • Keep records of all communication (particularly about rent, repairs, deposits etc.).
  • Know which approved deposit protection scheme is being used, and your rights under that. If you believe a rent increase or eviction is unfair, ask for clear reason in writing; find out whether the Ombudsman or tribunal is available.
  • Keep up to date with the government guidance as parts of the law come into force.

 

Conclusion

The Renters’ Rights Bill / Act is shaping up to be the most significant overhaul of the private rented sector in many years. It promises greater stability and protections for tenants, but also brings new obligations, risks, and regulatory demands for landlords.

At KhanMather, we believe that being ahead of the curve is always best. Whether you’re a landlord, agent or tenant, getting familiar early with the forthcoming rules—reviewing your practices, updating your paperwork, understanding your rights and responsibilities—will help avoid costly mistakes, disputes, or enforcement issues.

If you’d like help with reviewing your tenancy agreements, preparing compliance reports.

Asylum Seeker Accommodation in Altrincham Hotels: Is it affecting the house prices?

by | Sep 9, 2025 | Conveyancing, General, Landlord and Tenant Law, People

Altrincham has always been a sought-after location, known for its vibrant town centre, excellent schools, and beautiful residential areas. In recent times, however, a new topic of conversation has entered the local discourse: the use of hotels, such as the Cresta Court, to house asylum seekers. This has prompted many questions from residents, including concerns about the potential impact on our community and, specifically, on local house prices.

As a law firm deeply rooted in the Altrincham community, we at KhanMather Solicitors understand these concerns and believe it’s important to provide clarity on the legal and practical aspects of this issue.

The Legal Obligation

First and foremost, it’s crucial to understand the legal framework. The UK government has a statutory obligation under the Immigration and Asylum Act 1999 to provide accommodation and support to asylum seekers who are destitute while their claims are being processed.

For years, the Home Office has relied on a “dispersal” model, where asylum seekers are placed in private rental accommodation across the country. However, due to a significant increase in asylum applications and a shortage of suitable housing, the government has increasingly turned to hotels as a form of “contingency accommodation.” While the government has stated its commitment to ending the use of hotels, this temporary measure remains in place.

Impact on Local Communities

The decision to use a hotel as asylum accommodation is a Home Office matter, often made with limited consultation with local authorities or residents. This lack of transparency has understandably led to frustration and concern within communities like Altrincham.

Some of the key concerns raised by residents and local councils include:

  • Strain on Local Services: There are worries about the additional pressure on already stretched services such as healthcare, education, and policing.
  • Loss of a Community Asset: The repurposing of a hotel means the loss of a venue for weddings, conferences, and tourism, which can impact the local economy.
  • Community Cohesion: The sudden change can sometimes lead to tension and division, as seen by the protests and counter-protests that have taken place outside Altrincham’s Cresta Court hotel.

The Question of House Prices

When it comes to the effect on house prices, the situation is complex. There are arguments on both sides, and research on the matter is varied.

  • Potential Negative Impact: Some studies and anecdotal evidence suggest that the presence of asylum seeker accommodation can have a negative effect on local property values, particularly in areas with lower-priced, lower-quality housing. The argument is that some residents may choose to move out, creating a downward pressure on prices. This can be exacerbated by negative sentiment or public perception, which may deter potential buyers.
  • Minimal or No Impact: Conversely, other reports and research suggest that the impact is minimal, or even non-existent, especially in established, high-demand areas. The presence of asylum seeker accommodation is often just one of many factors that influence house prices. The overall strength of the local market, including job opportunities, school ratings, and other amenities, typically has a far greater effect.

In Altrincham, a town with a strong property market and a reputation for being a desirable place to live, it is unlikely that the presence of one or two hotels housing asylum seekers would be the sole factor in causing a significant drop in house prices across the board. However, it’s important to recognise that individual properties in very close proximity to the affected hotels might see some degree of fluctuation or a longer time on the market.

Our Perspective as a Law Firm

At KhanMather, we advise clients on a wide range of property and legal matters. While we cannot predict the future of the housing market, we can provide guidance on the legal implications of property transactions and disputes.

If you are a homeowner or a potential buyer in the Altrincham area and have concerns, our advice is to:

  • Seek Informed Legal Advice: Understand your legal rights and obligations.
  • Conduct Thorough Research: Look at the wider market trends in the area, not just a single, isolated factor.
  • Focus on the long-term view: The use of hotels for asylum seekers is a temporary measure, and the government has a stated policy of ending this practice.

The situation in Altrincham is a microcosm of a much larger, national issue. As a community, we must navigate this challenge with understanding and an informed perspective. While the legal and logistical aspects are complex, our role is to help our clients understand their position and make sound decisions based on accurate information, not speculation.

When Should I Consider a ‘Without Prejudice’ Offer? A Guide to Settling Your Dispute

by | Aug 28, 2025 | Business, General, Litigation, People, Personal injury

In the world of civil litigation, the goal isn’t always to win in court. In fact, most disputes are resolved before they ever reach a courtroom. One of the most powerful tools in a solicitor’s arsenal for achieving this is the ‘Without Prejudice’ offer.

At KhanMather Solicitors, we often use this method to facilitate constructive negotiations and find a resolution for our clients. But what does “without prejudice” actually mean, and when should you use it?

What Does ‘Without Prejudice’ Mean?

In simple terms, an offer or communication made “without prejudice” cannot be used as evidence in court if negotiations fail. The purpose of this legal privilege is to encourage open and frank discussions between parties. It allows you to make settlement proposals—even ones that might be seen as a sign of weakness—without fear that your offer will be used against you later in a trial.

Think of it as a protected space for negotiation. You can propose a compromise, admit some fault, or make a generous offer to get the matter resolved, knowing that if the deal falls through, the court will remain unaware of those proposals. This gives both sides the freedom to explore solutions they might not otherwise consider.

Key Rules for Using ‘Without Prejudice’

To be effective, an offer must meet two key criteria:

  1. It must be a genuine attempt to settle a dispute. The communication must relate to an existing dispute and be made with the intention of resolving it.
  2. It must be labelled correctly. While not strictly required, it is best practice to clearly mark the communication with the words “Without Prejudice” at the top. This leaves no room for ambiguity.

It’s important to note that the “without prejudice” rule only applies to the content of the negotiations. The fact that a communication was sent and received can still be mentioned in court, but its contents cannot.

When Should You Consider a ‘Without Prejudice’ Offer?

A ‘without prejudice’ offer is a valuable tool in many situations. Here are a few common scenarios where it’s particularly useful:

  • Early in a Dispute: Even before formal legal proceedings have begun, a “without prejudice” offer can open a dialogue and lead to a quick resolution, saving both parties a great deal of time and money.
  • When Liability is Uncertain: If there’s a degree of risk or uncertainty about who is legally at fault, a ‘without prejudice’ offer allows you to propose a compromise without admitting full liability. This is a common tactic in personal injury claims or contract disputes where the facts are not entirely clear.
  • As an Alternative to a Part 36 Offer: While related to offers of settlement, a ‘Part 36 offer’ is a formal, tactical offer under the Civil Procedure Rules. Its purpose is to put pressure on the other side to settle by creating potential cost penalties if they refuse a reasonable offer and then fail to achieve a better result at trial. A ‘without prejudice’ offer, however, is a more informal tool for negotiation. Your solicitor will advise you on the most appropriate type of offer for your situation.
  • To Save Time and Money: Litigation can be a lengthy and expensive process. A ‘without prejudice’ offer can be an excellent way to reach a fair settlement and move on, avoiding the stress and financial drain of a full-blown trial.

The Dangers of Going It Alone

While the concept of “without prejudice” is straightforward, knowing when and how to use it effectively requires legal expertise. A poorly worded offer or one sent at the wrong time could undermine your case. For example, a court might rule that an offer was not a genuine attempt at settlement, allowing the other side to use it against you.

At KhanMather Solicitors, we understand the nuances of settlement negotiations. We can advise you on the right time to make an offer, what terms to include, and whether a ‘without prejudice’ offer or a more formal Part 36 offer is best for your circumstances. Our aim is always to achieve the best possible outcome for you, whether through robust litigation or shrewd negotiation.

If you are involved in a dispute and considering settlement, contact our expert civil litigation team today on 0161 850 9911 for advice on how we can help.