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Date Posted: 14:28:39 06/21/02 Fri
Author: Repost Fairy
Author Host/IP: 64.193.19.25
Subject: Chapter 78
In reply to: Repost Fairy 's message, "Burden of Proof - 68 and up" on 11:17:24 06/21/02 Fri

Knotting Chambers
15 Essex Street
Outer Temple
London WC4H 8LK



Wirth & Wirth, Solicitors
658 Groves Inn Road
London WCIX 8HB

Attention: Ms. Wirth


Dear Madam

RE: DUSKOVIC vs. VACHEK HOLDINGS PTY LTD

I refer to the above matter.

My client has instructed me to reiterate his company’s ‘without prejudice’ offer, in the sum of £350,000, in order to settle the claim out of court. According to the Civil Procedure Rules 1999, the offer expressed will remain open for acceptance for 21 days.
Please provide me with your client’s instructions at your earliest convenience.


Yours faithfully
Michael Samuelle


~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~*~*~*~*~*~*~*

Wirth & Wirth Solicitors
658 Groves Inn Road
London WCIX 8HB



Mr. M Samuelle
Knotting Chambers
15 Essex Street
Outer Temple
London WC4H 8LK

Dear Sir

RE: DUSKOVIC vs. VACHEK HOLDINGS PTY LTD


I refer to your letter of yesterday’s date.

As a condition of acceptance, we require your client’s undertaking to represent Mr. Duskovic’s employment record in a true and fair light. Upon the return of the attached agreement (see Annexure A), duly executed by your client and returned to this office, my client will be in a position to consider your client’s ‘without prejudice’ offer.

Yours faithfully,
N. Wirth


~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~*~*~*~*~*~*~*


Knotting Chambers
15 Essex Street
Outer Temple
London WC4H 8LK




Ms. Nikita Wirth
Wirth & Wirth, Solicitors
658 Groves Inn Road
London WCIX 8HB


Dear Ms. Wirth,


RE: DUSKOVIC vs. VACHEK HOLDINGS PTY LTD


I refer to your facsimile of this morning, and reiterate my client’s wish to settle this matter expediently.

My client rejects your Condition of Settlement and once again refutes your client’s allegations concerning misrepresentation.

Please provide me with your client’s instructions at your earliest convenience.


Yours faithfully
Michael Samuelle


~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~*~*~*~*~*~*~


Wirth & Wirth, Solicitors
658 Groves Inn Road
London WCIX 8HB



Mr. M Samuelle
Knotting Chambers
15 Essex Street
Outer Temple
London WC4H 8LK


Dear Mr. Samuelle

RE: DUSKOVIC vs. VACHEK HOLDINGS PTY LTD


I refer to your letter of yesterday’s date.

My client’s position remains unchanged. Therefore, your client’s ‘without prejudice’ settlement offer is rejected.

Yours sincerely
Nikita Wirth


~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~*~*~*~*~*~*~


And so it went on. As it had been going on all week, an aimless tussle back and forth that wasn’t getting them anywhere. Letter after letter, fax after fax. Every time Nikita looked up, Hazel was there, waiting to hand her another piece of paper. For goodness sake, doesn’t the man have any other clients?

She’d had to shunt quite a few of her other files onto Walter, much to his dislike. Perhaps it was time to put on a junior solicitor, she thought tiredly. Birkoff was great at what he did, but when it came down to it, he was a computer wiz with an unfinished law degree. He couldn’t appear in court, or notarize documents. If this matter with Vachek Holdings dragged on, God forbid, she would have to seriously consider hiring another pair of hands.

She went back to reading Michael Samuelle’s latest letter, the one that had arrived via courier not five minutes ago. This one urged her to advise her client to reconsider the offer, once again dangling the proverbial carrot in the form of a promise to increase the amount. It was the same offer he’d unofficially made at the mediation, Nikita realised. The man just doesn’t take no for an answer. She blushed at the seemingly benign thought, and immediately wanted to smack herself on the forehead. Try to remember that not everything has to be a ‘Benny Hill’ double entendre, will you?

Irritated by her wayward thoughts, she turned her attention back to the letter in her hand. Salla Vachek seemed very determined not to meet her halfway. His barrister, on the other hand, seemed just as determined to do just that. She shuffled through the rapidly growing pile of paperwork on her desk, and sighed. ‘War of the written word’, she’d told Joe. That was putting it mildly. It wasn’t so much of a war as a lightening-quick debate, one that was no doubt proving a goldmine for Mr. Samuelle’s choice of courier company.

Not to mention the small mountain of paperwork piling up on her on her desk, Nikita thought disapprovingly. What a waste of paper. She looked down at the letter she was holding, and scanned the small, embossed print at the bottom of the page. When she found what she was looking for, her heart did a funny little lurch. There it was - Michael Samuelle’s email address.

Well, why not? Nikita chewed the end of her pen, weighing up the pros and cons. It was a perfectly acceptable means of corresponding with one’s opposing counsel. After all, she’d settled quite a few probate disputes via email. The problem was that, in this case, sending an email seemed a little too…well…personal. As though she and Michael Samuelle were friendlier than they actually were. It was mulish of her, she knew it, but she suddenly was of the opinion that email should be kept for sending chatty letters to old school friends in Australia, keeping in touch with her distant cousins in the States, and the occasional letter of complaint after receiving bad service in the High Street.

Not for dealing with Michael Samuelle.

Nikita shook her head. This is ridiculous. You’re getting as bad as Hazel with her typewriter. Taking a deep breath, she clicked ‘compose email’, and began to type.


~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~*~*~~*~*~*~*


To: Michael Samuelle
From: Nikita Wirth



RE: DUSKOVIC vs. VACHEK HOLDINGS PTY LTD


I refer to your letter of today’s date.

I acknowledge your offer to increase the settlement amount, although the inclusion of a revised figure would have proved helpful.

However, that minor detail notwithstanding, my client’s position remains unchanged. Your client’s ‘without prejudice’ settlement offer is rejected.

Yours sincerely,
Nikita Wirth


This email message and enclosures are confidential, may contain legally privileged information and are intended solely for the named addressee(s). If you receive this email in error, please notify the sender by return email and delete all copies of this message from your computer network. Any unauthorised review, use, disclosure, copying, distribution or publication of this message and enclosures is prohibited.

Wirth & Wirth and their employees do not represent that this transmission is free from viruses or other defects and you should see it as your responsibility to check for viruses and defects. Wirth & Wirth disclaims any liability to any person for loss and damage resulting (directly or indirectly) from the receipt of electronic mail (including enclosures).

~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~*~*~

Nikita ran a spell-check, checked her grammar, and then, before she could change her mind, clicked ‘send’. Sitting back in her chair, she let out a tense little breath, wondering what sort of response her note would garner.

Well, it’s too late to change my mind now. Picking up her empty china mug, she headed for the staff kitchen to make a cup of tea. By the time she got back to her desk, a familiar little square was flashing ominously on her screen.

You have 1 New Message.

Nikita sank into her chair. It couldn’t be. Not that fast. I was only gone for a few minutes! She put her tea down carefully, and reached for the mouse, holding her breath.

~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~*~*~~*~*~*~*


To: Nikita Wirth
From: Michael Samuelle

Re: Duskovic vs. Vachek Holdings


Thank you for your prompt reply. I apologise profusely for the omission. I will confer with my client as to the revised amount of the settlement offer, and inform you of same as soon as possible.

Yours sincerely
Michael Samuelle

Addendum: That’s a very impressive disclaimer. Would you mind if I plagiarised it?


~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~~*~*~*~*~*~*~*~*~*~*~



Nikita stared at the last sentence with wide eyes, incredulous laughter bubbling up in her throat. Well, what do you know? The man has a sense of humour, after all.

------------------------------------------------------------

A Few Notes About Chapter 78

1. Not surprisingly, Control-R doesn't work in storyboard format, lol! These letters looked a lot more professional in my word doc, ha ha ha. Thank goodness for bold and italics, hey?

2. Don't know who Benny Hill is? Go here:
http://www.bbcamerica.com/genre/comedy_games/benny_hill_worlds_favorite_clown/bh_bio.jsp>

3. Many thanks to my own workplace for the impressive disclaimer!

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Replies:

  • Chapter 79 -- Repost Fairy, 14:30:42 06/21/02 Fri
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