why put without prejudice on a letter
Law phrase: Without of a, or, and without implying an admission of. (1) When used in a or,
without prejudice means that what follows (a) cannot be used as in a case, (b) cannot be taken as the signatory's on the subject matter, and (c) cannot be used as a. of such normally cannot be disclosed to the courts but, when a proposes to a out-of-court, it is the genuineness of the effort that determines whether the can disclosed or not, and not whether the words without prejudice were used. (2) When a court case is dismissed, or a court is issued without prejudice, it means that a new case may be brought or a new order issued on the same basis as the dismissed case or the. See also. NB: Are you visiting because you have a coming up? Without prejudice Б what is it? Without prejudice is one of those legal phrases which are often used in casual conversation, but what does it really mean? Without prejudice is a useful way of protecting your position in a dispute. Say you are a and have a dispute with your tenant about a broken fridge freezer. You are pretty sure that they damaged it during a party, they are positive that it was already broken when they took the flat over.
It was brand new and to get a replacement is going to cost you бе600. You are very busy right now and donБt really want the hassle of dealing with a court claim. You would be prepared to accept just бе300 just to get rid of the problem so you can move on. However, if the matter canБt be settled and you DO have to go to court, you would want to claim the whole бе600. If you offer to accept бе300 now, will this prejudice your claim? Will the Judge say БWell if they were prepared to accept бе300 for it back in August, their claim for бе600 must be grossly inflated and should be disallowed? Б The answer is that if the offer is made Бwithout prejudiceБ he wonБt (or shouldn t) ever see it. Because without prejudice offers are confidential, and information about them should not be given to the Judge (or arbitrator if this is an arbitration) during the hearing. The only time the Judge gets to hear about the offer is after Judgment is made. If the Judge, quite independently, comes to the conclusion that the landlords case is not the best, but that he should at least be entitled to бе300, the landlord can say БWell I made an offer to settle for that back in August, but the other side rejected itБ.
Then the Judge may decide to make a costs order, ordering the tenant to pay more in legal costs than he would normally, on the basis that the tenant has been wasting his time as the case could have been settled earlier. The courts are so busy now, and so underfunded, that wasting the JudgeБs time is almost a capital offence. The example above is only a small fictitious case to illustrate the point. In big litigation cases run by solicitors, there are always negotiations to settle (and in fact, most cases are settled before trial). The solicitors will generally have two completely separate sets of correspondence, the БopenБ correspondence and the Бwithout prejudiceБ correspondence. So, for example, the solicitors might write quite an aggressive letter setting out all that is wrong about the other sideБs case, and then in the same envelope include a Бwithout prejudiceБ letter offering to settle the claim for бе5,000! If the attempts to settle fail and the claim comes to trial, the open correspondence is generally put in a bundle for the Judge to see.
It is very important when doing this that none of the Бwithout prejudiceБ correspondence is included by mistake as if it is and the Judge sees it, in some cases, there may have to be a re-trial. Which could be very expensive. So that is without prejudice. There are three important things you need to know about without prejudice. To be able to use it, and prevent your discussions being used against you if your case comes to trial: Your discussion/letter must be a genuine attempt to resolve it, and You must keep yourб without prejudice negotiations private or you may lose your right to confidentiality. Also note that correspondence can be judged to be without prejudice even if it does not say it is, but it is best to write Бwithout prejudiceБ on the letter anyway so there can be no mistake. And if you have Бwithout prejudiceБ discussions, make sure you keep a careful note of everything that was said. Court hearings do you have a court hearing coming up? Are you representing yourself? If so, б for guidance. Filed Under:
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