When "Without Prejudice" Correspondence Attacks! (Morris v Williams)

The recent judgment in Morris v Williams [2025] EWHC 218 (KB) is a solemn reminder that marking a letter "without prejudice – save as to costs" will not always result in the contents being inadmissible.

In this case arising out of a road traffic collision, the defendant had alleged that the claimant was fundamentally dishonest. The claimant's solicitors had written a letter to the defendant marked "without prejudice – save as to costs" which contained a Calderbank offer. The offer was that the claimant would pay the defendant a sum of money and would also "admit that he was fundamentally dishonest in respect of some of the representations made in respect of this claim. However, it should be noted that he is only prepared to make such an admission on the basis that it be contained in a non-disclosure agreement to the effect that the case cannot be discussed or reported in any way, with any third parties at all..."