The Double-Edged Sword Of "Without Prejudice" Offers

A judgment stemming from the High Court of South Africa, Limpopo Division, Polokwane serves as a timely reminder that a "without prejudice" offer, if not drafted or approached properly, can interrupt the prescription of a claim.

Facts of the case

The plaintiff instituted action against the defendant for the injuries she suffered from a helicopter crash caused by the defendant's helicopter colliding with wires on 6 October 2015. At the time of the crash, the plaintiff was a minor and only reached the age of majority on 8 February 2019. Notably, summons was served on the defendant on 20 July 2022.

Issue(s) for determination

The defendant defended the action and raised a plea of prescription, pleading that the plaintiff's claim prescribed on 8 February 2020, one year after the plaintiff attained the age of majority. The parties agreed to separate the issue of the special plea of prescription from other issues for determination.