this video I'm just going to take a look at a couple of very useful tools if
you're involved in a case in a legal case in litigation and you really don't
want to be involved in if you want to try to settle the case so let's have a
look basically this will be very useful to you these tools will be useful to you
if you are looking to party to legal proceedings that would make perfect
sense if you're concerned about rising legal costs and you should and you may
not be in that strong opposition and in fact you may actually recognize that
you're in the wrong and that you're just I just settle the two useful litigation
tools that in one of the scores in this short video is the Calder bank letter
under lodgment and the purpose of these devices is to attempt to force a
painter's plaintiffs to seriously consider section the case rather than
going ahead to the high risk high cause high cost venue of court we assert the
court or the high court or the district court in fairness the district court is
not hugely expensive but certainly the sergeant court in the high court and
obviously the Supreme Court are going to be very very expensive places to go you
could find yourself in a situation where you made a mistake for example perhaps
in an employment matter or something of that nature you recognize that you made
a mistake you recognize that you are in the wrong and you are anxious two
seconds however do the party seems to be very anxious to get their day in court
and that can be expensive for everybody concerned but particularly for the
losing party now if you're the losing party and in a weak case will then
clearly you go to want to try to settle or compromise the proceedings a
cornerback letter then that arises from an English family law case called called
urban versus collar banking it was basically a level that was written it
was an offer that was made without prejudice except as two cards that is
clearly this means that the letter the offer to settle the case would enjoy the
normal without prejudice protection in other words cannot be exposed or opened
to the court however if the offer is not accepted and
it goes to court n then at that stage the George can be made aware of this
Calder by clever and he can exercise the fair degree of discretion when it comes
to costs because clearly the letter was an attempt by you to settle the case and
wanted to do so on made an offer on the without prejudice basis both the cost
question and you were in your corner by greater allowing is to be opened to the
court so the likes of this letter called my dresser would clearly make a claim to
think very very carefully we're proceeding at least it should and his or
her solicitor legal team would be advising him of the dangers of
proceeding because if he does not do better than the offered and he may be at
risk in relation to costs that essentially means that not only really
have to pay his own cards but he may well have to pay your costs as well from
the time that you made the offer to gently call demand letter so actually
very very useful to second one is the lodgment you as a defendant can make a
largement in court in settlement of the case if it's not accepted from the case
goes ahead the plaintiff would have to be awarded a bigger some than the amount
of doom lodged if that doesn't happen the plaintiff will have to pay your
costs from the days of the lodgement so again this is a device that would
certainly focus the mind of a plaintiff who appears to be one wearing the circle
and very very anxious to go to court because they would be at risk if they
don't beat the lodgement it would be at risk in terms of costs such as the wrong
cards with your costs these costs would include the cost of the trial barrister
speeds registries accessories etc so clearly the plaintiff would have to
consider very very carefully an enlargement was made by you so
difference then between enlargement and a corner by clever well one is the
timing call the bank error can be made or can be used practically off to
the time of the trial this has been seen in a sink of Supreme Court tried an
errand or supreme court case in Ireland where they decided that it was in order
to attempt to settle the case right up to the time of trial so it can be used
and fairly liberally the other difference is that the courts discretion
is widely in relation to a call the bank letter in other words its discretion in
relation to costs is very very white whereas the court really doesn't much
discretion in relation to a lodgment in other words if the lodgement is not
beaten by the plaintiff or then the court should be a word in costs to you
as the defendant from the days of the lodgement the other thing in relation to
the lodgment is the timing is entirely flexible there is specific periods of
time specific occasions when you can use it and that depends on the circuit court
or high court and whether it's what type of case it is so they're very two very
useful tools if you are planted for sorry if you are defendant in a
litigation case in your legal case you recognize your weak case on your access
the second and the other party the plaintiff appears to be very anxious to
go to court these two tools might be helpful to you or your legal team my
name is Terra gory if you liked the video feel free to subscribe to my
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youtube or wherever you for watching thanks for watching