Legal threat from last client...

[Sockpuppet]

In a totally unrelated case, I asked my solicitor what the phase ‘without prejudice’ meant and he said that it could not be used in court and they know it. So it would be best to get proper legal advice but I suspect they will tell you to tell them to shove it.

Yeah my old place when they tried to give me the boot had a "without prejudice" conversation with me. I always wondered if you could send them an e-mail with "without prejudice" your a ******* *****.

In the end they had to pay me £10k as part of a compramise agreement to leave. Schweet.

[BoredBloke]

If there is so much ill feeling between the two parties, why would they want you back?

Is there something in this you are not telling us? If your contract ran out, then you have no obligations to the former client. As such they cannot tarnish your reputation. If they do they should expect to be dragged through the courts.

[tim123]

If your contract ran out, then you have no obligations to the former client. .

Actually yes you do. You are bound by the NDA *forever*, this doesn't die at contract termination.

But the alledged crime, that of not returning a piece of equipment, isn't a breach of an NDA.

tim

[Paddy]

In a totally unrelated case, I asked my solicitor what the phase ‘without prejudice’ meant and he said that it could not be used in court and they know it. So it would be best to get proper legal advice but I suspect they will tell you to tell them to shove it.

Not Quite. I had a case one and the ‘without prejudice’ was produced by the opposition with permission from the Judge.

It depends on the Judge

A dismissal "without prejudice" allows a new suit to be brought on the same cause of action.
www.utcourts.gov/resources/glossary.htm

1. Term used in discussion and correspondence. Where there is a dispute or negotiations for a settlement and terms are offered 'without prejudice' an offer so made or a letter so marked and subsequent correspondence cannot be admitted in evidence without the consent of both parties concerned. 2. Term also used by an underwriter when paying a claim which he feels may not attach to the policy. This payment must not be treated as a precedent for future similar claims.
http://www.biba.org.uk/consumer/supp...gonbuster.html

Typically it means that information shared during the dispute resolution process will not later form part of the investigation or hearing record used against the member if dispute resolution does not successfully resolve the complaint.
http://www.oct.ca/en/InvestigationsH...glossary_E.asp

A statements set onto a written document which qualifies the signatory as exempted from it's content to the extent that they may be interpreted as containing admissions or other interpretations which could later be used against the person signing; or as otherwise affecting any legal rights of the person signing. A lawyer will often send a letter "without prejudice" in case the letter makes admissions which could later prove inconvenient to the client.
www.charges-dropped.com/law-glossary.html

In law, the phrase without prejudice means that a claim, lawsuit, or proceeding has been brought to a temporary end but that no legal rights or privileges have been determined, waived, or lost by the result. For example, if a party brings a lawsuit in small claims court but discovers that the claim is over the amount for that court to have jurisdiction, the lawsuit can be dismissed "without prejudice". ...
en.wikipedia.org/wiki/Without_prejudice

[TheMonkey]

Well there is nothing at all that I've done that could be considered as wrong! The IP is worthless so I wouldn't have any interest in that. The company property has been returned (an entry key). A video of me returning this was taken. Not only that, the contract had expired and I TOLD the agency not to renew it as they were not worth my time! I also have no intention of breaking the NDA in the future and have informed them of that.

They are concerned that their system is at risk because I have taken a chunk of knowledge with me. In fact, the knowledge is actually skill and not anything company specific. All of my work is documented throughout thoroughly so there is no avoidable risk. They were aware of my contract finish date so they should have made plans!

[Lucifer Box]

It still doesn't stack up, Monkey. Are they seriously saying that the act of you leaving with some information in your head is theft of their IP and a breach of your NDA. What were they expecting, that you would contract with them forever?

[AtW]

Actually yes you do. You are bound by the NDA *forever*, this doesn't die at contract termination.

That's now the case - courts will never accept infinite NDA, plus if something is already in open domain AND you knew about it from NDA, then it's okay to speak about it or use.

Looks like the client is totally inadequate, good thing you left them.

[tim123]

That's now the case - courts will never accept infinite NDA, plus if something is already in open domain AND you knew about it from NDA, then it's okay to speak about it or use.

Looks like the client is totally inadequate, good thing you left them.

Did you mean that is 'not' the case?

Actually, in the UK, you don't need to even have signed an NDA to be bound 'not' to disclose secret details, it is part of common law.

And yes, the obligation does (theoretically) last forever, and yes, the courts do accept that principle. If this wasn't the case someone would have disclosed the secret 'coke' recipe by now.

Though, obviously you aren't bound not to talk about something that has reached the public domain. That would be a stupid restriction.

tim

[TheMonkey]

It still doesn't stack up, Monkey. Are they seriously saying that the act of you leaving with some information in your head is theft of their IP and a breach of your NDA. What were they expecting, that you would contract with them forever?

Yeah they were expecting that. But they were assholes so I didn't renew.

Think of that film "The Firm"

[where did my id go?]

are they not used to having contractors ?

Is it a small company ?

Is the project going to fail/be late ?


sounds bizzare