Without Prejudice

[PhoebeP]

I've been round the houses trying to find an answer on this, so hoping someone can help.

I have a neighbour who has written me a letter to say that I must cut back my shrubs that are growing over the boundary by a few inches. The letter gives me 28 days to do this. Absolutely fine. Although I have told him he can cut back when goes over the boundary as it's difficult for me to see (but he doesn't).

Within the long, rambling letter it goes back over old ground with regard to previous problems (noise & trespassing by them - he's trying to "put me right" on certain points), but he's started the letter as Without Prejudice.
I'm struggling to find why this would be included. There's no court proceedings ongoing, nor likely to be in the future, no issue with monetary claims, there's no "settlement" - so why would he include this?
I'm worried because he's an intelligent man. I'm thinking he knows something I don't!

[Peridot]

Hi Phoebep,

Don't worry, without prejudice (WP) is banded about quite a lot and people often don't know the meaning behind using it. By including WP many people think it can provide some protection further down the line should a matter become litigious. It isn't always that straightforward.

The term is designed to allow parties to negotiate without fear that concessions made will be taken as admissions harming their legal position if a dispute is not resolved. So if in correspondence or at meetings there is a need for a softer approach in the hope settlement can be reached, rather than a discussion of the facts and points that make you believe you would win a claim, then it can be useful to use WP as then the information wouldn't be available to the Court if the matter went further. For example if a claim for some damaged furniture were made that was valued at £1,000 and an offer was made to settle the matter for £600 it wouldn't be right that the Court could see this softer stance. Conceding part of the claim ie the value in this example could seriously damage their case in Court. Why should a party who is being conciliatory and trying to settle matters without the need to go to Court and have a hearing then be penalised and potentially damage their case if it came out they were willing to accept less than the claim for £1,000. WP correspondence prevents this happening as the Court wouldn't know about the 'offers or concessions that had been made to try and settle the matter. The Court would only be dealing with the facts. At the end of the matter the Courts would then be able to see if a party had made WP offers and depending on the decision and the offer made it could have an impact on any costs order the Court could make.

If WP is used in

correspondence doesn't include any concession but is just stating what would be said if the matter went to Court this can't be classed as WP even if it is labelled as such.

Maybe your neighbour isn't as bright as he thinks he is or he just thought you did this in this sort of correspondence. If a letter is just factual and there are no 'negotiations' offering something less than potentially the person would be entitled to, there is no reason to keep the correspondence WP.

Adding the words 'without prejudice' does not magically convert the letter into something it is not and only leads to confusion as has been the case here I suspect.

Hopefully that helps clarify things for you. Not sure why he doesn't just chop his side if he's that bothered and lob the trimmings over. A pain to clear for you but saves silly letters. Obviously has too much time on his hands. Nought as queer as folk.

[PhoebeP]

Thank you so much for the quick response.
The info you have provided has made me much less worried.
Judging by what has happened previously, I now think that he maybe put a legal term on the letter to make me worry. This man lies to my face and spreads rumours about me in the street. I just try to keep out of his way.
Thanks for putting my mind at rest.

[Peridot]

Well avoided by the sound of it. If he's like this over a few twigs, everyone probably knows what he's like so just smile sweetly is probably the best thing to do. Too much time on his hands I suspect.

If he gets worse we're always here so feel free to post and rant if needs be