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Welcome to our Alphabet Information Series. Today’s topic is W for Without Prejudice

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Welcome to our Alphabet Information Series.  Today’s topic is W for Without Prejudice

“Without Prejudice” is said so often in law offices and written on letters and documents, but what does it actually mean and in what context is it used?

Legally, when used in a document or letter, Without Prejudice means that what is subsequently written cannot be:

  • Used as evidence in a Court case
  • Taken as the author's last word on the subject matter
  • Used as a precedent for future use.

Negotiations will often require allowances and compromises rising to client’s feeling fear and worry that any statement made in the course of negotiations might come back to haunt them later in Court. This can hinder negotiations if the parties don’t feel able to discuss options freely. By marking documents and correspondence with “Without Prejudice” it allows the parties to freely work towards a compromise without the risk that their statements may be used against them later should negotiations fail.

Without Prejudice can also be applied to a Court hearing too.  A Financial Dispute Resolution hearing is held in Court “Without Prejudice”. This means that if matters cannot be agreed during this hearing, the Judge who hears the FDR is not permitted to hear the Final Hearing.

If you have any queries regarding the above information or would like any further advice remember obtaining accurate legal information from the outset can be vital in the resolution of your matter and can make the process less stressful. Call 01246 555 610 to arrange a free, no obligation consultation with one of our experienced solicitors.


By Administrator on 23 Jan 2020, 14:58 PM

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