Without Prejudice Offer: Admission Denied

Gilchrist v C & C Equine Services Ltd

Following our recent report on the case of Hossaini v EDS Recruitment Ltd in which the Employment Tribunal had wrongly considered and taken into account a “Without Prejudice” (as opposed to a “Without Prejudice Save As To Costs”) offer when determining costs, the First Tier Tribunal has fallen into the same error.

Upholding the appeal, Judge Elizabeth Cooke found, in a short judgment following written submissions, that the offer should not have been disclosed and the decision on costs insofar as it turned on the fact of this offer could not stand.

“The letter goes no further, and has no other implications, than does any without prejudice offer. There is nothing to indicate that the letter was without prejudice save as to costs… The offer should not have been disclosed, nor should it have been regarded by the FTT as having been made without prejudice save as to costs.”

Gilchrist v C & C Equine Services Ltd (LAND REGISTRATION – COSTS – WITHOUT PREJUDICE OFFERS) [2019] UKUT 214 (LC)