by Saqib Khan | 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:
- 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.
- 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.
by Saqib Khan | Jul 30, 2025 | Business, Debt recovery, General, Litigation, People
If you’re involved in a civil dispute in the UK, you might hear legal terms like “Small Claims,” “Fast Track,” and “Multi-Track.” These aren’t different courts, but rather the three different procedural routes, or “tracks,” that a case can be allocated to. The track your case follows will significantly impact everything from the cost and timeline to the complexity of the legal process.
At KhanMather Solicitors, we help clients understand which track their case is likely to be allocated to and what that means for their dispute. Here’s a straightforward guide to help you navigate the system.
The Allocation Process
When a claim is filed and the defendant responds, the court will review the case and “allocate” it to a specific track. This decision is based primarily on two factors:
- The value of the claim: The monetary amount being disputed.
- The complexity of the case: The number of parties, the legal issues, and the amount of evidence required.
Let’s break down the three main tracks.
- Small Claims Track
This is the most common track and is designed for low-value, straightforward disputes.
- Value: Generally for claims up to £10,000.
- Purpose: To provide a simple, cost-effective, and informal way to resolve disputes without the need for extensive legal representation.
- Key Features:
- Less Formal: The court process is less rigid, and hearings are often held in private rooms by a District Judge but can be in open court.
- Limited Costs: A key feature is that the winning party usually cannot recover their legal costs from the loser, apart from a small amount of court fees and expenses. This is why many people choose to represent themselves.
- Quicker Timeline: Cases on this track are typically resolved within six months.
- Simpler Evidence: The court will look at the documents filed and may not require extensive oral evidence from witnesses.
The Small Claims Track is ideal for issues like a minor breach of contract, a dispute over a faulty product, or a small unpaid debt.
- Fast Track
The Fast Track is for cases that are more complex than Small Claims but are not high-value enough to justify a more extensive process.
- Value: For claims valued between £10,000 and £25,000.
- Purpose: To provide a quicker and simpler process than the Multi-Track, with a strict timetable to keep costs and time proportionate.
- Key Features:
- More Formal: The process is more structured, with the court setting a timetable for exchanging documents and witness statements.
- Fixed Costs: There are fixed recoverable costs, meaning the legal fees the winning party can claim are capped. This provides some certainty about the financial risk.
- One-Day Trial: The trial is usually limited to one day.
- Limited Experts: The court will generally only allow one expert witness per party, in a maximum of two different fields.
This track is often used for medium-value personal injury claims, minor property disputes, or more complex debt recovery cases.
- Multi-Track
The Multi-Track is reserved for the most complex and high-value disputes.
- Value: For claims over £25,000, or for less valuable claims that have a high degree of legal or factual complexity.
- Purpose: To provide the court with the flexibility to manage complicated cases effectively, without the rigid rules of the Fast Track.
- Key Features:
- Extensive Case Management: There is no standard procedure. Instead, the court actively manages the case with a bespoke timetable, setting deadlines for disclosure, expert reports, and witness statements.
- Longer Trials: Trials on this track often last for several days or even weeks.
- Significant Costs: Costs are not fixed and can be substantial. The court has a great deal of discretion over who pays the costs at the end of the case.
- Extensive Evidence: The court will allow for multiple expert witnesses and detailed evidence to be presented.
Multi-Track cases include high-value commercial disputes, clinical negligence claims, and complex professional negligence cases.
Which Track is Right for You?
Understanding these tracks is crucial to managing a civil dispute. While the court makes the final decision on allocation, having legal advice from the outset can help you prepare and understand what lies ahead. At KhanMather Solicitors, we specialise in civil litigation and can provide expert guidance on your case, ensuring it is handled efficiently and effectively, regardless of which track it is allocated to.
If you are facing a civil dispute, contact Amaan on 0161 850 9911 today for a confidential discussion about your options.
by Saqib Khan | Jun 18, 2025 | General, Litigation, People, Personal injury
Significant changes to whiplash injury compensation are set to take effect on 31 May 2025, as the UK government updates the Whiplash Injury Regulations. These amendments aim to adjust compensation amounts in line with inflation and ensure fair treatment for claimants.
Key Changes:
- Increased Compensation Tariffs: The fixed compensation amounts for whiplash injuries lasting up to two years will rise by approximately 14–15%, accounting for inflation from 2021 to 2024 and projecting ahead to 2027.
- Effective Date: The new tariffs apply to accidents occurring on or after 31 May 2025. Claims from incidents before this date will follow the existing tariff structure.
- Tariff Structure Maintained: The current framework, which includes separate considerations for minor psychological injuries, remains unchanged.
Implications for Claimants:
- Enhanced Compensation: Claimants with qualifying injuries from accidents on or after the effective date can expect higher compensation amounts.
- Continued Use of Official Injury Claim Portal: The Official Injury Claim service remains the primary platform for submitting and managing low-value road traffic accident claims.
- Medical Evidence Requirement: All claims must be supported by medical evidence; pre-medical offers to settle are prohibited.
How Khan Mather Solicitors Can Assist:
Navigating personal injury claims can be complex, especially with evolving regulations. Our experienced team at Khan Mather Solicitors is here to guide you through the process, ensuring you receive the compensation you deserve. If you have any questions, please do not hesitate to telephone Hannah on 0161 850 9911.
by Saqib Khan | May 29, 2025 | General, Litigation, People, Personal injury
In a significant decision on 25 February 2025, the Court of Appeal has reaffirmed the right of children and protected parties to remain anonymous when settling personal injury claims. This ruling restores clarity after a recent High Court judgment had introduced uncertainty regarding these protections.
Key Points
- Reaffirmation of Established Principles: The Court confirmed that the principles established in JXMX v Dartford and Gravesham NHS Trust [2015] remain binding. This means that anonymity should continue to be granted as a matter of routine unless there is a compelling reason otherwise.
- Balancing Transparency and Privacy: While open justice is a fundamental principle, the Court acknowledged the unique challenges in cases involving children and protected parties. Publicly revealing their identities could expose them to exploitation, unwanted intrusion, and financial targeting.
- Use of Standard Procedures: The judgment emphasised the importance of using the court’s PF10 form when applying for anonymity orders, maintaining consistency with the JXMX framework.
Implications for Claimants
This decision provides reassurance to vulnerable claimants that their privacy will be protected during legal proceedings. However, legal practitioners remain cautious as the legal landscape continues to evolve, with further rulings anticipated that could impact the approach to anonymity in the courts.
At Khan Mather Solicitors, we are committed to safeguarding our clients’ rights and privacy. If you have concerns about anonymity in personal injury claims, our experienced team is here to provide guidance and support, so call on 0161 850 9911 and speak to one of our Litigation Solicitors.
by Saqib Khan | Mar 13, 2025 | Conveyancing, General, Landlord and Tenant Law, Litigation, People
Purchasing a new-build home is often envisioned as a seamless transition into modern living. However, numerous homeowners across the UK have encountered significant challenges with unfinished estates, leading to frustration and legal concerns.
Common Issues Faced by Homeowners
Residents in various new-build developments have reported a range of issues, including:
• Unfinished Roads and Pavements: In Shrewsbury, homeowners on the Lilly Hay estate, developed by Taylor Wimpey, have been waiting up to five years for the completion of roads and pavements. The lack of proper infrastructure has resulted in uneven surfaces and potholes, posing safety risks and causing damage to vehicles.
• Non-functional Street lights: At Tadpole Garden Village in Swindon, residents have expressed frustration over non-functional street lights, contributing to safety concerns and an increase in local crime rates.
• Structural Defects: Some homeowners have discovered significant structural issues post-purchase, such as the absence of cavity-wall insulation, leading to increased energy costs and discomfort. Legal avenues, like the Defective Premises Act 1972, may offer recourse in such situations.
Legal Protections and Remedies
Homeowners facing these challenges have several legal protections and remedies available:
• Consumer Rights Act 2015: This act ensures that services provided, including construction work, must be performed with reasonable care and skill. If a developer fails to meet these standards, homeowners may be entitled to remedies such as repairs, replacements, or financial compensation.
• Defective Premises Act 1972: Under this act, homeowners can claim damages against developers for substandard work that results in defects, especially if building regulations have been breached. The Building Safety Act 2022 has extended the limitation period for such claims to 30 years, allowing homeowners more time to seek redress.
• New Homes Quality Code: This code mandates developers to provide clear and accurate information about the property. Failure to disclose significant details, such as the erection of large structures near homes, can lead to compensation claims, as seen in Newcastle where a couple was awarded £700 after a 40-foot fence was built outside their property without prior notice.
Steps for Homeowners
If you’re experiencing issues with your new-build property:
1. Document All Issues: Keep detailed records of defects, including photographs and correspondence with the developer.
2. Communicate with the Developer: Report problems promptly and allow the developer an opportunity to address them.
3. Seek Legal Advice: If issues remain unresolved, consult with one of our solicitors to understand your rights and potential legal actions.
4. Utilise Dispute Resolution Services: Engage with independent schemes or ombudsman services designed to handle disputes between homeowners and developers.
Conclusion
While new-build homes offer the promise of modern amenities and design, it’s crucial for homeowners to be vigilant and informed about their rights. Should issues arise, legal frameworks are in place to protect consumers and ensure that developers meet their obligations.
At Khan Mather Solicitors, we are committed to assisting homeowners in navigating these challenges and securing the homes they were promised.
by Saqib Khan | Feb 25, 2025 | Conveyancing, General, Litigation
In a victory for a wealthy couple, a recent legal battle over a £32.5 million London mansion has concluded with a ruling in their favour. The case centred around a significant moth infestation discovered shortly after the couple moved into the property. This high-profile case highlights the importance of thorough due diligence when purchasing high-value properties and raises questions about liability for pre-existing defects.
The couple, whose identities have not been publicly disclosed, claimed they were unaware of the extent of the moth infestation when they purchased the property. They argued that the infestation constituted a significant defect that rendered the property uninhabitable and significantly diminished its value. Their legal team presented evidence suggesting the infestation was present prior to the purchase, and that the previous owners had failed to adequately address the issue.
The sellers, on the other hand, reportedly argued that the couple had ample opportunity to inspect the property before the sale was finalised, and that the “buyer beware” principle applied. They also suggested that the infestation was not severe enough to warrant the claims made by the couple.
However, the judge ruled in favour of the couple, stating that the sellers had a legal obligation to disclose any known defects that could significantly impact the value or habitability of the property. The judge determined that the moth infestation, given its scale and potential to cause damage, fell under this category. The ruling emphasized the importance of transparency and honesty in property transactions, particularly at the high end of the market.
What does this mean for buyers of high-value properties?
This case serves as a crucial reminder for anyone considering purchasing a luxury property in the UK. While the “buyer beware” principle still holds some weight, sellers also have a responsibility to disclose known issues. Here are some key takeaways:
• Thorough Inspections are Essential: Don’t rely solely on estate agent descriptions. Commission independent surveys from reputable professionals, including specialists in pest control if there are any suspicions. For high-value properties, consider a more in-depth building survey.
• Due Diligence is Key: Investigate the property’s history. Ask specific questions about any past issues, including infestations, damp, or structural problems. Document everything.
• Legal Advice is Paramount: Before making an offer, consult with a solicitor specializing in property law. They can help you understand your rights and obligations, and ensure the contract protects your interests. A solicitor can also advise on the implications of any disclosures made by the seller.
• Consider Specialist Reports: For older or particularly valuable properties, consider obtaining specialist reports. These might include structural surveys, damp reports, or in this case, an entomologist’s report on insect infestations.
What does this mean for sellers of high-value properties?
Sellers also need to be aware of their obligations:
• Transparency is Crucial: Disclose any known defects, no matter how minor they may seem. It’s always better to be upfront and avoid potential legal issues later.
• Maintain Records: Keep detailed records of any work carried out on the property, including repairs, maintenance, and pest control treatments.
• Seek Legal Advice: Consult with a solicitor before putting your property on the market to understand your legal obligations regarding disclosure.
This case sets a precedent for future disputes involving high-value properties and underscores the importance of transparency and thoroughness in property transactions. If you are considering buying or selling a luxury property, it is essential to seek professional legal advice to ensure your interest.
If you wish to discuss any of the above, please contact Hannah on 0161 850 911.
