Tag Archives: Millser Samuel

‘Without Prejudice’ Communications – What is Protected?

The phrase “without prejudice”, or longer versions, often appear in letters that concern disputes and litigation.  The aim of without prejudice (WP) correspondence is to allow parties to a dispute to try to settle a dispute before having to go to court, safe in the knowledge that anything that they have said during the negotiations cannot be used in court against them.  The parties should be “encouraged fully and frankly to put their cards on the table” (Cutts v Head, 1983 WL 216802, pg. 7).

The roots of WP correspondence may be traced back to public policy, and the agreement of the parties to the correspondence (Unilever Plc v The Procter & Gamble Co [2000] 1 WLR 2436, at 2448).  Indeed, owing to the public policy argument, correspondence need not even be marked WP in order to qualify for the protections afforded to WP communications – subject to the following explanation and exceptions. 

Read full article