Calderbank offer Definition

Case studies

"Everything at Advocates is done on a timed basis, so we need to conduct our research efficiently. We don't want to charge clients unnecessarily or write off our time. With Lexis products, we can get more research done each day"

Advocates

Access all documents on Calderbank offer

GET ACCESS NOW

GLOSSARY

Published by a ��˾��ҹ�� Family expert

What does Calderbank offer mean?

A Calderbank offer is a settlement offer marked ‘without prejudice save as to costs’. Whether a Calderbank offer is admissible, and what weight will be given to it, will depend on the type of proceedings. It is named after the case of Calderbank v Calderbank. Where applicable, a Calderbank offer will only be brought to the attention of the court at the end of proceedings, after judgment has been given, and when the issue of costs is being considered. Therefore, if there is a possibility that a costs order may be made by the court (which will be determined by the type of proceedings that are taking place), the parties should consider making a reasonable Calderbank offer to settle which, if refused by the other party, will be considered by the court and may provide some costs protection to the offeror.

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Calderbank claimant settlement offer post-issue

Calderbank claimant settlement offer post-issue [ON YOUR LETTERHEAD] WITHOUT PREJUDICE SAVE AS TO COSTS [SUBJECT TO CONTRACT] [Insert date] [Insert name and address of other party’s solicitor] Dear [insert contact name] [Insert subject of letter] We refer to our open letter of [today’s date OR [insert date]]. 1 As set out in that letter, both we and our client are confident that our client will be wholly successful in its claim[s] against your client, in respect of the agreement between our clients dated [insert date] (the ‘Agreement’) as set out in its claim [insert claim action number] and will [insert details of the remedy sought, eg, recover payment of the unpaid invoices plus interest, due to pursuant to the agreement between our respective clients, as set out in our open letter]. [We are also of the view that your client’s counterclaim dated [insert date of defence and counterclaim] (the ‘Counterclaim’) is wholly without merit and would be dismissed at trial. ]Nonetheless, our client is mindful...

Calderbank defendant settlement offer post-issue

Calderbank defendant settlement offer post-issue [ON YOUR LETTERHEAD] WITHOUT PREJUDICE SAVE AS TO COSTS [SUBJECT TO CONTRACT] [Insert date] [Insert name and address of other party’s solicitor] Dear [insert contact name] [Insert subject of letter] We refer to our open letter of [today’s date OR [insert date]]. 1 As set out in that letter, both we and our client are confident that our client will be wholly successful in defending your client’s claim[s] against it, in respect of the agreement between our clients dated [insert date] (the ‘Agreement’) as set out in your client’s claim [insert claim action number] and particulars of claim dated [insert date of particulars of claim] (together ‘the Claim’). [We are also confident that our client will succeed in respect of its counterclaim against your client for [insert details of the remedy sought in the counterclaim, eg re-payment or credit for sums paid to date in respect of the defective valves supplied by your client and the consequential losses to our client]...

Dive into our 2 Precedents related to Calderbank offer