Engineer's Guide to PI Claims Part 2: 'Without prejudice' communications

摘要

"Without prejudice" may be regarded as shorthand for "without prejudice to our rights, our previous representations and generally our position on this matter". It is a form of words which allows the parties to a dispute to be open and candid in written or oral communications, safe in the knowledge that the content of those exchanges cannot subsequently be admitted as evidence at trial or otherwise brought to the court's attention. By contrast, correspondence which is not "without prejudice" is referred to as "open" correspondence, the content of which may be admitted as evidence before the court. In order to qualify for the protection outlined here, any purportedly "without prejudice" communication must in fact be a genuine attempt to facilitate a compromise. If it does not satisfy this requirement, the correspondence will not benefit from the protection afforded to "without prejudice" communications. The mere fact that a letter is headed "without prejudice" will not automatically make it so. Conversely, if a document is a genuine attempt to move the matter toward a settlement, but is not headed "without prejudice", the absence of the heading will not be fatal to its "without prejudice" status.