Without prejudice
Discussion
First Google result
https://gowlingwlg.com/en/insights-resources/artic...
BV tried to school people on this some years ago. It's the context that matters as to what is confidential or not...not whether WP has been sprayed all over it.
https://gowlingwlg.com/en/insights-resources/artic...
BV tried to school people on this some years ago. It's the context that matters as to what is confidential or not...not whether WP has been sprayed all over it.
Dixy said:
Some seem to put this on every piece of correspondence, does it have any legal standing.
Answer is yea. Where there is a dispute between two or more parties, one party can admit certain matters relevant to the issue in an attempt to settle the matter without resort to a court hearing. Where the admission is headed without prejudice it has the affect that should the matter proceed to court because thee parties are unable the settle the matter beforehand, that any admissions made cannot be used in evidence by the party to whom the admission is made against the party who made the admission.You are however right in thinking that the term is often misused in legal communications i.e. where the parties are not making any attempt to settle the matter. I suspect most solicitors in any matter which is potentially adversarial will head their letters "Without Prejudice" without thinking about whether it is needed or not.
donkmeister said:
Mrs D used to deal with a client who would begin every meeting with it... That's not hyperbole either, literally every meeting he would make a statement about how everything said in the course of the meeting by his party was non-binding and without prejudice.
Might as well turn round and walk out!donkmeister said:
Mrs D used to deal with a client who would begin every meeting with it... That's not hyperbole either, literally every meeting he would make a statement about how everything said in the course of the meeting by his party was non-binding and without prejudice.
That's like how you see on US Cop movies where the prossie says are you a law enforcement officer as if they say "no" then it gives the prossie a free pass. Dixy said:
... does it have any legal standing.
Depends on what you write. If it is a genuine attempt at resolution, then would be unlikely to be allowed to be introduced in court.But if your letter/email is actually just stupid, then the other side may well try to use it against you.
You can also put Without Prejudice Save As To Costs i.e. can't be used in court but you can introduce when costs are discussed to show you were reasonable and they were not.
BertBert said:
hyphen said:
surveyor said:
Some surveyors have it written into their sig, which I don't like
Although todays dispute was minor, albeit persistent
Terminator X said:
surveyor said:
Terminator X said:
Dixy said:
Some seem to put this on every piece of correspondence, does it have any legal standing.
Afaik only if used by lawyers.TX.
TX.
surveyor said:
Terminator X said:
surveyor said:
Terminator X said:
Dixy said:
Some seem to put this on every piece of correspondence, does it have any legal standing.
Afaik only if used by lawyers.TX.
TX.
TX.
Terminator X said:
surveyor said:
Terminator X said:
surveyor said:
Terminator X said:
Dixy said:
Some seem to put this on every piece of correspondence, does it have any legal standing.
Afaik only if used by lawyers.TX.
TX.
TX.
Basically it is used extensively, and is in our field well understood.
Your average mortgage valuation Surveyor may perhaps be less likely to use it.
surveyor said:
In the landlord and tenant field it’s a daily event to write communications to try and settle disputes which if not ‘wp’ could prejudice our clients position. There are occasions when you might choose to write an open letter to put pressure on the other side that you will rely on it. Then there is a Calderbank, ie wp save as for costs which will often be relied upon when asking for determination on costs after (hopefully successful) arbitration.
Basically it is used extensively, and is in our field well understood.
Your average mortgage valuation Surveyor may perhaps be less likely to use it.
I appreciate that you might use the expression and why but what I am saying is that if you aren't a lawyer it can all get tabled in court afaik. Have you had any of it go to court? If so did the WP letters remain unseen?Basically it is used extensively, and is in our field well understood.
Your average mortgage valuation Surveyor may perhaps be less likely to use it.
TX.
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