Without Prejudice

Without Prejudice refers to a statement or communication that cannot be used as evidence in court. It is a term used to protect the parties involved in the communication from having the contents of the communication used against them in court.

In the context of a personal injury claim, it's common for the claimant and defendant to engage in negotiations to reach a settlement before the case goes to trial. These negotiations are usually conducted in private by the solicitors or legal representatives, and the parties may exchange offers and counter-offers without prejudice. This means that if the parties are unable to reach a settlement and the case goes to trial, any statements or offers made during the negotiations cannot be used as evidence in court.

It's worth noting that the "without prejudice" rule applies to written and oral communications, and it can be waived by the parties involved in the communication, if they agree to do so. This means that if the parties agree, the communication can be used as evidence in court.

It is critical that written without prejudice communications should be clearly marked as such, to ensure that they are protected from being used as evidence in court.

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Chris Salmon, Director

Author:
Chris Salmon, Director