Without Prejudice Offer To Settle Template for Hong Kong

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Key Requirements PROMPT example:

Without Prejudice Offer To Settle

"I need a Without Prejudice Offer to Settle for a construction dispute with ABC Contractors Limited regarding project delays and defective works, offering a settlement sum of HKD 2.5 million payable by March 15, 2025, with a requirement for them to complete remedial works by April 2025."

Document background
The Without Prejudice Offer to Settle is a strategic legal document commonly used in Hong Kong's dispute resolution landscape. It serves as a protected communication channel for parties seeking to resolve disputes without full litigation, while preserving their legal positions if negotiations fail. This document type is particularly valuable when parties wish to explore settlement possibilities without compromising their positions in ongoing or potential legal proceedings. The 'without prejudice' protection, recognized under Hong Kong law, encourages open and frank settlement discussions by preventing the content of these communications from being used as evidence in court. The document is typically used during active disputes, after initial legal positions have been established but before significant court costs have been incurred, or at any stage where parties see potential for negotiated resolution.
Suggested Sections

1. Without Prejudice Banner: Clear marking at the top of the letter stating 'WITHOUT PREJUDICE' to ensure privileged status

2. Recipient Details: Full name and address of the recipient, including their legal representatives if applicable

3. Reference Line: Clear reference to the dispute or case number if applicable

4. Dispute Identification: Brief description of the current dispute or proceedings

5. Current Position: Brief summary of the current status of the dispute

6. Settlement Offer: Clear and specific details of the settlement terms being proposed

7. Payment Terms: Specific details about any payments, including amounts, timing, and method

8. Conditions: Any conditions that must be met for the settlement to be effective

9. Deadline: Clear statement of when the offer expires

10. Closing Statement: Standard closing including confirmation of without prejudice nature

Optional Sections

1. Confidentiality Statement: Include when the settlement offer should remain confidential

2. Tax Implications: Include when settlement involves significant financial components requiring tax consideration

3. Release Terms: Include when mutual releases are part of the proposed settlement

4. Related Proceedings: Include when there are multiple related proceedings that need to be addressed

5. Third Party Rights: Include when settlement affects rights of third parties

6. Costs Position: Include when legal costs are a significant factor in the settlement

Suggested Schedules

1. Payment Schedule: Detailed breakdown of payment terms if involving installments or multiple payments

2. Release Draft: Draft of the proposed release or settlement agreement that would need to be signed

3. Supporting Documents: Any relevant documents supporting the settlement terms or calculations

4. Settlement Deed Template: Draft of the formal settlement deed if required as part of the acceptance process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Financial Services

Real Estate

Construction

Manufacturing

Professional Services

Retail

Technology

Healthcare

Insurance

Transportation

Energy

Telecommunications

Education

Hospitality

Relevant Teams

Legal

Compliance

Risk Management

Finance

Executive Leadership

Corporate Affairs

Operations

Commercial

Dispute Resolution

Legal Operations

Relevant Roles

Legal Counsel

Chief Legal Officer

Litigation Manager

Risk Manager

Chief Executive Officer

Chief Financial Officer

Claims Manager

Compliance Officer

General Counsel

Corporate Secretary

Dispute Resolution Specialist

Settlement Officer

Legal Operations Manager

Business Unit Director

Commercial Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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