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Calderbank offer, settlement offer Calderbank v Calderbank [1976] Fam 93, [1975] 3 All ER 333 (EWCA); was an English Court of Appeal decision establishing the concept of a "Calderbank Offer". [ 1 ] A "Calderbank Offer" can often be identified by the disclaimer " without prejudice , save as to costs".
A demand letter, letter of demand, [1] (of payment), or letter before claim, [2] is a letter stating a legal claim (usually drafted by a lawyer) which makes a demand for restitution or performance of some obligation, owing to the recipients' alleged breach of contract, or for a legal wrong.
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, prejudice differs from the more common use of the word and so the term has specific technical meanings. Two of the most common applications of the word are as part of the terms with prejudice and without ...
The employer can make a "Calderbank" offer - a without prejudice letter warning that the employer thinks the claim is inflated and that costs will be sought if it wins, and offering a sum to settle, which if the employee fails to beat in his award, entitles the tribunal to consider whether refusal of the offer was unreasonable and therefore ...
The term "reservation of rights" (particularly a "reservation of rights letter”) is often used in connection with insurance claims. The insurance company issues a reservation of rights letter stating that it may deny coverage for some or all of the claim even while the company is investigating the claim or beginning to treat the claim as if ...
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A defendant may also not have to demonstrate prejudice if the attorney made a key decision about the case against the client's wishes, including whether to plead guilty (McCoy v. Louisiana ), whether to waive the right to a jury trial, whether to forgo an appeal, or whether the defendant wanted to testify on their own behalf.
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