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Response to Abbey National - I Won..I think??

from MLJ (mleo@blueyonder.co.uk)
Solicitors use W.P. all the time, in the belief that what's being offered or stated can't be held against them at a later date.

There was a W.P. case reported in the Times on Tuesday the 3rd June 2003, in the Law report section. (Shows how sad I've become, I used to read the news) An offer was made with the W.P. clause, and then the claimant asked for the W.P. document to be used in proceedings. I think the appeal judge ruled that the W.P. was not legally binding. In any case he allowed the W.P. document to be used.

A case last year decided that unless the other side agreed that W.P. applied, then it had no meaning. By discussing the offer being made, there was not an actual agreement that W.P. applied.

I'm not a legal bod, but that's how I understood the arguments.

No doubt a solicitor will have a different point of view, but its a judge who decides on such matters, not a solicitor.

Keep smiling.

regards, MLJ

(posted 7603 days ago)

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