[Firm name]
[Street address], [Suburb] [STATE] [Postcode]
T [Phone] · E [Email]
ABN [ABN]
[Date]
Without prejudice save as to costs
[Lawyer name]
[Firm name]
By email: [Email]
- Our ref
- [Matter number]
- Your ref
- [Their reference]
Dear [Lawyer name],
[Plaintiff] v [Defendant] ([court], proceeding [number]): offer to settle
We act for [our client] and make this offer in accordance with the principles in Calderbank v Calderbank [1975] 3 All ER 333.
1.The offer
[Our client] offers to settle the proceeding on these terms:
- [Your client] pays [our client] $[amount] within [number] days of accepting this offer.
- [Costs: e.g. the amount is inclusive of interest and costs, or each party pays its own costs.]
- The proceeding is [dismissed / discontinued] with no order as to costs.
- [Releases: e.g. the parties release each other from all claims arising from the matters in the proceeding.]
2.Why your client should accept
[The weaknesses in their case, the likely outcome at trial, and the cost of continuing, as they stand today.]
3.Time for acceptance
This offer remains open until [time] on [date]. Acceptance must be in writing and sent to [email].
4.Costs
If your client does not accept this offer and [our client] obtains a result no less favourable, we will produce this letter to the court and seek an order that your client pay [our client]‘s costs on an indemnity basis from [date the offer expires].
This offer is made without prejudice save as to costs. It is not an offer of compromise under [the court’s rules].
Yours faithfully,
[Lawyer name]
[Title]
[Firm name]
