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
RTPI leader to become new CIOB Chief Executive Officer
Dr Victoria Hills MRTPI, FICE to take over after Caroline Gumble’s departure.
Social and affordable housing, a long term plan for delivery
The “Delivering a Decade of Renewal for Social and Affordable Housing” strategy sets out future path.
A change to adoptive architecture
Effects of global weather warming on architectural detailing, material choice and human interaction.
The proposed publicly owned and backed subsidiary of Homes England, to facilitate new homes.
How big is the problem and what can we do to mitigate the effects?
Overheating guidance and tools for building designers
A number of cool guides to help with the heat.
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.
Architectural Technologist CPDs and Communications
CIAT CPD… and how you can do it!
Cooling centres and cool spaces
Managing extreme heat in cities by directing the public to places for heat stress relief and water sources.
Winter gardens: A brief history and warm variations
Extending the season with glass in different forms and terms.
Restoring Great Yarmouth's Winter Gardens
Transforming one of the least sustainable constructions imaginable.
Construction Skills Mission Board launch sector drive
Newly formed government and industry collaboration set strategy for recruiting an additional 100,000 construction workers a year.
New Architects Code comes into effect in September 2025
ARB Architects Code of Conduct and Practice available with ongoing consultation regarding guidance.
Welsh Skills Body (Medr) launches ambitious plan
The new skills body brings together funding and regulation of tertiary education and research for the devolved nation.
Paul Gandy FCIOB announced as next CIOB President
Former Tilbury Douglas CEO takes helm.
UK Infrastructure: A 10 Year Strategy. In brief with reactions
With the National Infrastructure and Service Transformation Authority (NISTA).