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ARTICLE · 08 JULY 2019

The Basics: What Does "Without Prejudice" Mean And When Do I Need To Use It?

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What does it mean if a letter or email you receive is marked "without prejudice" (WP) or if the other party to the dispute proposes a without prejudice discussion?

United KingdomLitigation, Mediation & Arbitration
Michael O'Shea
Michael O'Shea
Michael Darowski
Michael Darowski
Cathy Moore
Cathy Moore
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What does it mean if a letter or email you receive is marked "without prejudice" (WP) or if the other party to the dispute proposes a without prejudice discussion?

We set out the key points you need to know in relation to this principle, and how to use it effectively to protect your own position.

  • What do the words "without prejudice" mean?
  • What is the point of the "without prejudice" rule?
  • Where do I put the words "without prejudice" on a document or email?
  • What if I forget to put "without prejudice" on my email - can it be shown to the court?
  • So, why bother putting "without prejudice" on at all?
  • Are there any exceptions to the "without prejudice" rule?
  • I've also seen "without prejudice save as to costs" on a letter - what does it mean? Is it different to "without prejudice"?

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