Lawyers and non-lawyers frequently head communications with the
phrase, "without prejudice".
However for many there is an assumed magic in these words which
are believed to cloak the contents of communications from being
relied upon in any dispute either in or outside of Court
proceedings. Such assumption is wrong, and both the Manx and
English Courts have made this very clear.
Without prejudice is a phrase used in offers made for the
purpose of negotiating a settlement or compromise. It is a
convenient short hand for "without prejudice to my/our
rights" and it is used in order to guard against any argument
by those with whom an argument exists that a concession offered in
negotiations constitutes a waiver of a right or an admission of
liability, in any legal proceedings.
