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Settling Your Case "Without Prejudice"

You or your opponent can offer to settle the cast before it reaches court. This happens in the large majority of cases.

Any discussions about settlement are "Without Prejudice"

This means that you will not be bound by any agreement if you change your mind before your receive the money or before the court is told about the agreement.

Your opponent may make an offer by paying money into the court, this is known as a "Part 36" offer. You will be told when this payment has been made, and a set time limit is placed upon you to either accept or reject the payment.

If you accept this payment then your opponent pays all reasonable legal costs up to the date when the payment into the court was made.

If you reject the offer and your case proceeds to trial and the judge allows you compensation more than the offer made by your opponent, then your opponent must pay all reasonable legal costs.

If the court decides your compensation should be equal to or less than the amount your opponent paid into the court, then your opponent is only liable for the costs up to the date they made the offer. You will be liable for any of your opponents or your own costs for the period after the offer was made.

You can also make an offer to settle. If this is rejected by your opponent and at the trial you recover equal to or more than your offer the court can make your opponent pay your costs with interest added to them.

Injured at Work – A Breach of Duty

All employers have a responsibility to safeguard their employees in the workplace. This is known as a 'duty of care', and involves a statutory obligation to look after your welfare.

Many of these laws are laid out in the Health and Safety at Work Act 1974, which amongst other things requires an employer to ensure:-

• The premises is safe;
• Equipment/machinery is appropriate and well maintained;
• The correct training and supervision is provided;
• Exposure to harmful substances (such as chemicals) is controlled;
• Competent staff are employed;
• Regular risk assessments are carried out;
• There are first aid facilities available.

Should an employer fail to comply with these responsibilities, they have breached their duty of care.