When is without prejudice used on a letter

Aside from the issue of costs, there are many other exceptions that are contained in section 2 of the Uniform Evidence Acts , including:. Unless it is made in an effort to settle a dispute, a communication will not be protected by having the words Without Prejudice used. What Does Without Prejudice Mean? August 3, 4 mins, 0 sec. Without Prejudice: 5 Common Misconceptions The phrase must be written in capitals and marked to stand-out e. If sending a letter to try and finalise a contract e.

Once your email or letter is marked Without Prejudice , then that correspondence is protected and cannot be used against you in the court of law. Even if you mark a letter Without Prejudice , you can choose whether to refer to that letter in subsequent court proceedings as it is your letter.

Without Prejudice Letter: What is It? If you forget to use the label WP and an argument arises about confidentiality at a later stage, you will not necessarily lose as a result of not marking the email say WP , but it is likely to make it more difficult to persuade the court you are right. Be cautious and use the WP label appropriately when you are in negotiations or discussions.

A court can allow WP material to be used where the justice of the case requires it, although even then, that use would usually be limited to specific purposes only as opposed to allowing the WP material to be used generally. The most important examples of when a court may decide that WP material can be used include:.

This is not an exhaustive list, but indicates circumstances where a court may consider that WP material can be used. See our separate note - What do I need to know about Part 36 offers to settle? The key point is to be aware that this WP "protection" is potentially available in particular circumstances, and to know what it means, so you are able to protect your position during negotiations.

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Michael O'Shea Partner - Birmingham. Sign up to receive our updates on the latest legal trends and developments that matter most to you. The Basics: What does "without prejudice" mean and when do I need to use it? In-house counsel? Sign up for ThinkHouse, our exclusive programme for in-house lawyers. What do the words "without prejudice" mean? What is the point of the "without prejudice" rule?

Where do I put the words "without prejudice" on a document or email? What if I forget to put "without prejudice" on my email - can it be shown to the court? View our privacy policy , cookie policy , supported browsers and access your cookie settings.

Search within FAQs Search. Share Twitter LinkedIn Facebook. Add a bookmark Your browser does not allow automatic adding of bookmarks. What does the phrase "without prejudice" on a letter mean? Was this article helpful? Yes No. Read more items tagged with the same topics Employment disputes. About this resource Status This resource is kept under review and updated in line with developments. Publisher XpertHR. When To Include Ok. Book my demo.