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The value of Tenders

  • 20-02-2019 09:17PM
    #1
    [Deleted User]
    Posts: 1,478 ✭✭✭


    4ensic15 wrote: »
    It happens from time to time. It is part of the psychological game they play. There is a limited period during which the defence can make a payment into court before the trial.

    Saw this post on a separate thread and was somewhat surprised by it. Tenders/Lodgements aren't just part of a "psychological game", they are money on the table for the plaintiff to take if they so choose.

    I would love to see sworn statements from plaintiff's that they have been advised of any tenders made (listing the value of the tender) and are happy to run to the risk of ignoring them. Seems like an easy way to ensure that plaintiff's are fully informed of any Tender offers that are made.


Comments

  • #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Deleted User wrote: »
    Saw this post on a separate thread and was somewhat surprised by it. Tenders/Lodgements aren't just part of a "psychological game", they are money on the table for the plaintiff to take if they so choose.

    I would love to see sworn statements from plaintiff's that they have been advised of any tenders made (listing the value of the tender) and are happy to run to the risk of ignoring them. Seems like an easy way to ensure that plaintiff's are fully informed of any Tender offers that are made.

    What makes you think that they are not fully informed?


  • #3
    [Deleted User]
    Posts: 1,478 ✭✭✭ [Deleted User]


    4ensic15 wrote: »
    What makes you think that they are not fully informed?

    Usually from how the settlement talks play out.

    What makes you think they are psychological games as opposed to real offers?


  • #4
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Deleted User wrote: »
    Usually from how the settlement talks play out.

    What makes you think they are psychological games as opposed to real offers?

    Because they are almost invariably beaten. They are intended to pressurise the plaintiff not make a genuine offer based on what is likely to be awarded.
    It would be foolhardy for any solicitor to conceal a tender offer from a client. If the tender offer was not beaten the award would be swallowed in costs. The solicitor would be a mark for damages in that case.


  • #5
    [Deleted User]
    Posts: 1,478 ✭✭✭ [Deleted User]


    4ensic15 wrote: »
    Because they are almost invariably beaten. They are intended to pressurise the plaintiff not make a genuine offer based on what is likely to be awarded.
    It would be foolhardy for any solicitor to conceal a tender offer from a client. If the tender offer was not beaten the award would be swallowed in costs. The solicitor would be a mark for damages in that case.

    Not sure they are invariably beaten tbh.

    Solicitor would only be a mark if a)the client knew about the tender and b) the costs from the date of tender are massive. It's a risk alright though.


  • #6
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Deleted User wrote: »
    Not sure they are invariably beaten tbh.

    Solicitor would only be a mark if a)the client knew about the tender and b) the costs from the date of tender are massive. It's a risk alright though.

    If the tender is not beaten, the insurance co's counsel will immediately jump up and tell the judge about the tender so that the costs can be apportioned. No way the client could not find out. He would hear the whole thing in court and the amount left out of his award would be a lot less than he had heard was awarded in court.


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  • #7
    [Deleted User]
    Posts: 1,478 ✭✭✭ [Deleted User]


    4ensic15 wrote: »
    If the tender is not beaten, the insurance co's counsel will immediately jump up and tell the judge about the tender so that the costs can be apportioned. No way the client could not find out. He would hear the whole thing in court and the amount left out of his award would be a lot less than he had heard was awarded in court.

    True, would be interesting to see a % of tendered cases that settle extremely close to the tender offer though.


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