Without Prejudice Without Prejudice
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  1. #1

    Nervous Newbie


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    Default Without Prejudice

    Hi,

    I have my settlement letter and at the top it states 'without prejudice'

    Does this mean that if I stump up the cash, that should this ever be defeated, I can't go for a ppi style compensation claim ?

    Thanks

  2. #2

    Super poster


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    Quote Originally Posted by tictac View Post
    Hi,

    I have my settlement letter and at the top it states 'without prejudice'

    Does this mean that if I stump up the cash, that should this ever be defeated, I can't go for a ppi style compensation claim ?

    Thanks
    No.

    If you settle and case goes to Court and gets a "better" decision than settlement, you cannot benefit.

    If the Court decision is "worse", you cannot be disadvantaged.

    "Without prejudice" means that if you choose not to settle, then all other legal options are open to HMRC and the fact that they have offered you a settlement does not "prejudice" the arguments that they may wish to advance.
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  3. #3

    Nervous Newbie


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    Quote Originally Posted by webberg View Post
    No.

    If you settle and case goes to Court and gets a "better" decision than settlement, you cannot benefit.

    If the Court decision is "worse", you cannot be disadvantaged.

    "Without prejudice" means that if you choose not to settle, then all other legal options are open to HMRC and the fact that they have offered you a settlement does not "prejudice" the arguments that they may wish to advance.
    So if the law was overturned I could claim the monies back ?

  4. #4

    Prof Cunning @ Oxford Uni

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    Quote Originally Posted by tictac View Post
    So if the law was overturned, I could claim the monies back ?
    That's a non-sequitur. It doesn't follow from "without prejudice"
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  5. #5

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    Quote Originally Posted by tictac View Post
    So if the law was overturned I could claim the monies back ?
    No.

    A settlement is a contract.

    You agree to pay. HMRC agrees to accept that it is equal to your liability.

    Once signed, ALL other subsequent actions, including a change of law, become irrelevant.
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