Without Prejudice letters

[gardener2]

Calderbank/without prejudice letters cannot be shown or referred to in court but are there exceptions? If such a letter includes a statement of fact, ie an admission of liability previously denied can this be produced in evidence.

[MustafaTickl]

Basically (and somewhat in simplicity as there are written rules) purported "Calderbank" and "Without Prejudice" letters can be concealed from the court only if they relate solely to a settlement.

If the letter refers to any other matter at all it becomes "open" and can be shown to the court.