The Court System
In life and in business disputes will arise from time to time. They can vary in size and nature from what may appear to be very trivial to disputes involving many millions euro. Usually they sort themselves out by negotiation. If you are involved in a dispute of any kind with another party, and it cannot be resolved between you and the other party by discussion or negotiation, then you may need our advice as to how to deal with your difficulty. We will advise you of your rights and entitlements, and the options available to you. If, after considering our advice, and the options available to you, you decide to pursue those rights the matter may be referred to one of a number of venues for resolution:
Without Prejudice Explained
While preparing a case for hearing, whether in the Courts, at Arbitration, or by way of the other forms of dispute resolution, the Legal Advisers for both parties are obliged to ensure that their client’s case is presented clearly, fully, and in the best possible light. At the same time they have a duty to explore any possible avenues of agreement between the parties with a view to shortening the case where reasonably possible. In many cases these discussions result in the parties reaching agreement and the case settles Out of Court without a formal hearing. Statistics show that the great majority of cases settle out of court. If however, despite the negotiations between the Legal Advisers, the case does not settle and it and goes to a full hearing, then nothing that has been said in the course of such discussions and negotiations or exploratory talks can be introduced as evidence at the hearing. This includes correspondence written without prejudice. Such negotiations are said to take place ‘WITHOUT PREJUDICE’