Terry & Co Home

Welcome! Log In Create A New Profile


open offer

Posted by bigman60 
open offer
October 02, 2020 08:08PM
hi David .do i have to make a without prejudice offer before an FDR can i just make a open offer ,and if its not accepted , leave it on the table till the final hearing. as i believe no mater wat i offer it will be rejected. thank you
Re: open offer
October 03, 2020 05:18PM
It is better to make any proposal to settle at an FDR on a without prejudice basis rather than as an open offer. Courts have a strong tendency to 'split the difference'.

Say there is £100K to argue about. You make a without prejudice offer of a 60/40 split in your spouse's favour. It is rejected and it then goes to a final hearing. At that final hearing you will be free to argue that the split should be 50/50. If you were unwise enough to make your 60/40 offer as an open offer then you would find at a final hearing your ex would be arguing for, say, a 70/30 split. Your 60/40 open offer would be taken as a base line. If a court then split the difference it could order, say, a 65/35 split. You could have avoided that situation by making your 60/40 offer on a without prejudice basis.
Sorry, only registered users may post in this forum.

Click here to login