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 | Jul 22, 2025 | General, People, Powers of Attorney, Wills
Thinking about writing your own will to save a few quid? The temptation is understandable. With online templates and stationery shop kits readily available, it can seem like a quick and easy way to tick a vital task off your list.
However, at KhanMather Solicitors, we often see the unintended consequences of ‘DIY’ wills. While they might seem like a thrifty solution now, they can create significant legal and financial problems for your family down the line. In many cases, the supposed savings are dwarfed by the legal fees and stress incurred by your loved ones trying to sort out an invalid or poorly drafted will.
Here’s why that ‘do-it-yourself’ approach could end up costing your family more.
- The Risk of Invalidity
For a will to be legally binding in England and Wales, it must adhere to strict rules set out in the Wills Act 1837. These include:
- It must be in writing.
- 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.
- The two witnesses must also sign the will in the presence of the testator.
Simple, right? But small mistakes can render a will completely invalid. We’ve seen cases where a signature wasn’t in the right place, a witness was also a beneficiary (which invalidates their gift), or the will wasn’t dated correctly. If your will is invalid, your estate will be treated as if you died without one, leading to it being distributed under the rules of intestacy, which may not be what you wanted at all.
- Ambiguity and Misinterpretation
One of the most common issues with ‘DIY’ wills is a lack of clarity. A solicitor uses precise legal language to ensure your wishes are clear and unambiguous. A home-written will might use vague phrases like “my family home” or “my personal belongings,” which can lead to disputes.
What constitutes a “family home”?
Does that include the garage, the garden shed, or even the land it sits on?
Who exactly is included in “my family”?
These ambiguities can spark heated arguments between loved ones, potentially leading to costly legal battles to interpret your true intentions.
- Failing to Account for All Assets
A professionally drafted will from a firm like KhanMather goes beyond just your house and savings. We work with you to create a comprehensive picture of your estate, including:
- Bank accounts and investments
- Pensions and life insurance policies
- Overseas property
- Digital assets (online accounts, cryptocurrency, etc.)
- Personal possessions with sentimental or high value
A ‘DIY’ will might miss a key asset, or fail to correctly transfer it, leaving part of your estate to be distributed by intestacy rules—a scenario that can cause immense frustration and financial loss for your family.
- Inheritance Tax and Financial Planning
Inheritance Tax (IHT) is a complex area of law. A solicitor can advise on potential tax liabilities and help structure your will in a way that minimises the amount of tax your estate has to pay. This could involve using trusts, making specific gifts to charities, or taking advantage of various reliefs and exemptions.
A ‘DIY’ will is unlikely to take these complex tax planning opportunities into account, potentially resulting in a much larger tax bill that reduces the inheritance your loved ones receive. The money saved on a solicitor’s fee could be a drop in the ocean compared to the additional tax your family ends up paying.
- Your Family’s Emotional Well-being
Perhaps the most significant cost of a ‘DIY’ will is the emotional toll it can take on your family. The grieving process is difficult enough without the added stress of trying to navigate a legal minefield. Disagreements over an unclear will can cause irreparable rifts between siblings and other family members.
A professionally drafted will gives you and your family peace of mind. It’s a final act of care that ensures your wishes are respected, your loved ones are provided for, and the administration of your estate is as smooth and straightforward as possible.
While the upfront cost of a solicitor might seem like an expense, it is an investment in your family’s future. It ensures that your estate is handled correctly, your wishes are followed, and your family is protected from unnecessary legal and emotional turmoil.
If you are considering making or updating your will, please contact Georgina at KhanMather Solicitors on 0161 850 9911 today for a confidential, no-obligation discussion. We are here to help.
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 | May 27, 2025 | Conveyancing, General, Landlord and Tenant Law, People
Buying a home is a significant life event. If you are considering a leasehold property, it is crucial to fully understand the implications of this form of ownership. At KhanMather, our Residential Property Solicitors are dedicated to guiding you through the intricacies of freehold, leasehold, and commonhold titles, empowering you to make confident and informed decisions when purchasing your new home.
What Does ‘Leasehold’ Mean?
Leasehold remains a prevalent form of property title in England and Wales, particularly in regions such as the North West, where 27% of properties are leasehold, and London, with 36%.
Unlike freehold ownership, where you purchase both the building and the land it occupies, leasehold means you acquire ownership of the building for a fixed period, known as the lease term. During this term, you “lease” the property from the freeholder, who retains ownership of the underlying land.
The parties involved in a leasehold agreement typically include:
- Leaseholder (Tenant): You, as the owner of the property for the lease term.
- Freeholder (Landlord): The owner of the land on which the property is built.
- Management Company (Optional): A separate entity responsible for maintaining common areas.
Lease terms commonly range from 99, 125, 250, to 999 years. It is vital to monitor the remaining years on your lease, as the property’s value diminishes significantly as the term shortens. Mortgage lenders generally show reluctance to lend on properties with fewer than 80 years left on the lease. Upon expiry, ownership reverts to the freeholder unless the lease is formally extended.
Common Leasehold Terms
When considering a leasehold property, you will encounter specific financial and operational terms:
- Ground Rent: This is an annual payment made to the freeholder as a condition of the lease, distinct from payments for services. Historically nominal, some modern leases incorporate “escalating” ground rent clauses, leading to substantial increases over time. Recognising these concerns, legislation enacted in July 2022 prevents the creation of new leases with ground rents exceeding a peppercorn (a nominal sum). The future treatment of existing leases with escalating ground rent clauses remains a subject of ongoing legal discussion.
- Service Charge: In addition to ground rent, leaseholders often contribute to a service charge. These payments, made to the landlord or a designated management company, cover the maintenance of communal facilities such as shared entrances, staircases, gardens, courtyards, or car parks. When viewing a property that may incur a service charge, we recommend requesting a copy of the service charge budget to assess the level of charge and factor it into your overall budget.
Restrictions and Covenants
Leases commonly contain restrictions, known as covenants, which can be more stringent than those associated with freehold properties. It is imperative to review the lease thoroughly to understand what you can and cannot do with the property. Common restrictions include:
- Prohibitions on external or structural alterations, including extensions, without the consent of the freeholder or management company.
- Limitations on pets, potentially requiring consent from the freeholder or management company.
- Restrictions on sub-letting the property without the consent of the freeholder or management company.
Extending the Lease or Purchasing the Freehold
Recent legislative changes have removed the minimum ownership period previously required before a leaseholder could approach the freeholder to purchase the freehold or extend their lease.
Under the Leasehold Reform Act 1967, leaseholders of houses have the statutory right to acquire the freehold interest, a process known as enfranchisement. While some freeholders may agree to sell their interest voluntarily, others necessitate a formal claim and adherence to a statutory procedure. Seeking professional legal advice is crucial to navigate this process effectively and understand the potential costs involved.
What is Commonhold?
Introduced by the Commonhold and Leasehold Reform Act 2002, commonhold offers an alternative to the traditional long leasehold system. Although its initial reception by mortgage lenders and developers limited its widespread adoption, new proposals aim to revitalise commonhold, enhancing the structure and management of multi-occupancy developments or estates.
In theory, commonhold enables individual unit owners (e.g., houses or flats within a larger building) to own the freehold of their specific unit. A “commonhold association,” comprising the individual unit owners, would be formed and registered at Companies House. This association would own and manage the common parts of the building and estate, such as entrances, communal gardens, car parks, and the building’s structural elements.
Instead of a lease, a “commonhold community statement” would define the rights of individual unit owners to use common areas and establish their mutual responsibilities. A “commonhold assessment,” similar to a service charge, would be paid to contribute towards maintenance costs.
Further legislation is anticipated to make commonhold a more widely utilised structure, and we are closely monitoring these developments to provide our clients with the most up-to-date advice.
If you have any questions, p[lease telephone Hannah on 0161 850 9911.
