This recent case in the Court of Appeal may go some way towards clarifying the use of "Without Prejudice" documents.

** Without-prejudice draft inadmissible to challenge claim at trial **

Judgment October 19, 2000

Full report at:

http://www.thetimes.co.uk/article/0,,35548,00.html

"Because public policy encouraged the settlement of disputes before resorting to law, such negotiations were made without prejudice to any future litigation and that meant at such a future trial no reference could be made to earlier draft Bwithout prejudiceB documents."

-- Tony Hayter (Tony@Hayter.com), November 15, 2000

Answers

Appologies for my lack of understanding but I do not understand what ** Without-prejudice draft inadmissible to challenge claim at trial ** actually means.

The company I am dealing with has, in their last 2 letters, added Without Prejudice. What meaning does this have and why have they begun to use these words?

-- Matt (mattyc@ntlworld.com), November 15, 2000.

Hi Matt,

A very good explanation of "Without Prejudice" - what the expression means, and when to use it, can be found here:

www.bakernet.com/Publications/Documents/1007_tx.htm

I hope this helps you.

Regards,

-- Tony Hayter (Tony@Hayter.com), November 15, 2000.