Without prejudice
‘Without prejudice’ is a legal rule that governs the admissibility of evidence and is often used when parties are in dispute. It may be used on written communications (letters and emails) and in meetings and other discussions.
‘Without prejudice’ (WP) indicates that the contents of the communication shall not be used in a court case to the detriment of the writer. Statements made in writing or in meetings and discussions as part of a genuine attempt to settle an existing dispute can be prevented from being put to a court as evidence against the party that made them if they were made without prejudice.
Typically, parties in a dispute will write to each other setting out their case and why they feel they are right. All communications need to be clearly labelled as WP if they contain a concession, while meetings and discussions must also be formally agreed as being WP prior to starting.
The without prejudice (WP) rule is useful as it can encourage parties seeking potential litigation to negotiate and settle out of court, knowing that they may negotiate without fear in settlement discussions. Statements or concessions they make (including any admissions made in trying to settle the matter without going to court) may not be used against them if the discussions fail and legal action is necessary. The parties will have set out their position without prejudice if the matter is argued in court.
However, including the words ‘without prejudice’ does not automatically offer any magical protection. If a case subsequently goes to court, the statements made must constitute a genuine attempt to settle an existing dispute. A letter that is nothing but a list of what the party is going to argue in court and with no hint of concession does not have to be labelled as WP. Even if it is, it will not be treated as such. In addition, adding ‘without prejudice’ when it is not applicable may simply lead to confusion.
See: Transform Schools (North Lanarkshire) Limited v Balfour Beatty Construction Limited and Balfour Beatty Kilpatrick Limited. Ref https://www.scottishconstructionnow.com/article/laura-mccorquodale-why-without-prejudice-wording-does-not-create-a-magical-force-field-of-legal-protection-around-documents
[edit] Related articles on Designing Buildings Wiki
- Adjudicators and bias.
- Alternative dispute resolution.
- Alternative Dispute Resolution legislation.
- Arbitration.
- Arbitration v Adjudication.
- Breach of contract.
- Causes of construction disputes.
- Conciliation
- Contract claims.
- Dispute resolution.
- Dispute resolution board.
- Expert determination.
- Pay now argue later.
- Pre-Action Protocol for Debt Claims.
- Mediation.
Featured articles and news
Amendment to the GB Energy Bill welcomed by ECA
Move prevents nationally-owned energy company from investing in solar panels produced by modern slavery.
Gregor Harvie argues that AI is state-sanctioned theft of IP.
Heat pumps, vehicle chargers and heating appliances must be sold with smart functionality.
Experimental AI housing target help for councils
Experimental AI could help councils meet housing targets by digitising records.
New-style degrees set for reformed ARB accreditation
Following the ARB Tomorrow's Architects competency outcomes for Architects.
BSRIA Occupant Wellbeing survey BOW
Occupant satisfaction and wellbeing tool inc. physical environment, indoor facilities, functionality and accessibility.
Preserving, waterproofing and decorating buildings.
Many resources for visitors aswell as new features for members.
Using technology to empower communities
The Community data platform; capturing the DNA of a place and fostering participation, for better design.
Heat pump and wind turbine sound calculations for PDRs
MCS publish updated sound calculation standards for permitted development installations.
Homes England creates largest housing-led site in the North
Successful, 34 hectare land acquisition with the residential allocation now completed.
Scottish apprenticeship training proposals
General support although better accountability and transparency is sought.
The history of building regulations
A story of belated action in response to crisis.
Moisture, fire safety and emerging trends in living walls
How wet is your wall?
Current policy explained and newly published consultation by the UK and Welsh Governments.
British architecture 1919–39. Book review.
Conservation of listed prefabs in Moseley.
Energy industry calls for urgent reform.