Without Prejudice

[rickierich]

If statements are submitted to court without prejudice, can those statements be used in another claim against a different defendant.

[EXC]

Re: Without Prejudice

I'm not sure I understand. If a statement is made without prejudice it cannot be brought to the attention of the court.

[enquirer]

Re: Without Prejudice

'Without prejudice' correspondence is that which passes between the parties in dispute, not the court. It contains offers and counter offers, rather than statements. The whole point of it is that it cannot normally be produced in court.

[miliitant]

Re: Without Prejudice

agree on the above

without prejudice is privileged information between two parties and cannot be used in court without the express permission of both parties.

the only exception would be

Without Prejudice Save as to Costs.

Because the Courts cannot order disclosure of “Without Prejudice” negotiations (or documents) against the wishes of one of the parties of those negotiations, this obviously will mean that in some instances the Court, when it comes to the question of costs, cannot decide whether one side or the other was unreasonable in its actions.

even then, those documents without prejudice save as to costs can only be released once the court case is over

[enquirer]

Re: Without Prejudice

Although rare, there are instances when the judge has deemed it necessary to examine the without prejudice correspondence. Lord Denning was known for it.

[bluebottle]

Re: Without Prejudice

The reality is that Without Prejudice is all too frequently abused. The worst offenders, in my experience, are insurance companies.