Without Prejudice correspondence being used as evidence

[barleywine]

Hi

I am the claimant (tenant) in a landlord/tenant dispute. I have receive the defendants evidence which is using for our small claims hearing (currently postponed due to covid). The defendant has used correspondence which I sent to him clearly marked "Without prejudice save as to costs". I understand that this cannot be used as evidence in court.

My question is what do it do? Can I write to the court and simply ask for it to be removed?

Any help appreciated!

Thank you

[EXC]

You can only use ''without prejudice'' in correspondence which is a genuine attempt to settle, such as an offer to settle.

What was the context of the correspondence?

[barleywine]

You can only use ''without prejudice'' in correspondence which is a genuine attempt to settle, such as an offer to settle.

What was the context of the correspondence?

It was a separate settlement where I was trying to come to an agreement with the landlord over invasive building works he wanted to carry out to the rental property while we were still living there. These were not improvement works to the rental property.

This original attempt to settle was not part of the court claim.