If you have ever been involved in a commercial dispute, you may have seen letters marked \u2018without prejudice\u2019. Put simply, this type of correspondence is \u2018off-the-record\u2019, so if there is a dispute, it cannot be used as evidence in court. This article will discuss:<\/p>\n\n\n\n
\u2018Without prejudice\u2019 is terminology relevant to legal dispute resolution. Statements and admissions marked as \u2018without prejudice\u2019 are provided with legal privilege<\/a>. This means they are inadmissible as evidence in court proceedings. Inadmissible means a party cannot use the evidence to support or prove their claim.<\/p>\n\n\n\n This prejudice rule is in place because it encourages parties to communicate freely to resolve their disputes. Without prejudice discussions enable you to propose creative solutions or make offers of compromise without the fear that the court will become aware of any of the concessions you have made or that your words will be used against you.<\/p>\n\n\n\n Put another way, if you mark communications as \u2018without prejudice\u2019, they are confidential, off-the-record communications.<\/p>\n<\/div>\n\n\n\n In contrast, normal (known as \u2018open\u2019) discussions and correspondence may prejudice your position. This is because normally, things that you say, write or do in the course of a legal dispute may later in court be evidence of your: <\/p>\n\n\n\nWhat are Normal Discussions?<\/h2>\n\n\n\n
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