Legal term--"without prejudice"

[Dinger2]

Can anyone tell me what the legal term "without prejudice" means? I think it is usually found on top of a statement to somebody being accused of something prior to a legal action against them.I also think it (sort of) means I say what I am about to say in the nicest possible way without any malice ... Am I on the right track? grateful for any answers.

[mike11111]

It means that what follows will not in any affect any legal process which may be taking place or which might in the future.

[sandyRoe]

'Prejudice' means to prejudge with knowing all the facts. So, 'without prejudice' could mean that they're approaching the issue with an open mind.

[Canary42]

The legal definition of Without Prejudice is A reservation made on a statement that it cannot be used against in future dealings or litigation.

[Canary42]

For example, a company may make an ex gratis payment to a complainant as a goodwill gesture, but by including "Without prejudice" in its statement it is not admitting any liability in law.

[Canary42]

*ex gratia*

[boxtops]

when I worked in insurance, all letters about people's claims were headed up WP, to show that (as canary says) there was no admission of liability in the correspondence, we were just writing to acknowledge that something had happened (allegedly!)

[Brinjal]

Exactly mike and canary. Another example maybe when seeing someone for say unpaid bill. And just before the case comes to court they come and pay a small amount against the bill. You would accept the payment "without prejudice". meaning that the payment does not affect the impending court case and it will still go ahead.

[FredPuli43]

It's a statement that whatever follows in the text is not to be used in evidence. It is a standard phrase when a party wishes, or may wish, to negotiate a settlement, since anything said 'without prejudice' cannot be later used against them in court.

[woofgang]

Without prejudice can only be used when a settlement offer is in the letter and is intended to facilitate settlement out of court. If a judge thinks that the user is misusing the phrase then he can declare the letter admissible into evidence. He, the judge, can see anything he decides that he wishes to see, the without prejudice but means that it usually is not entered as evidence.

[tonywiltshire]

My legal reference books give the definition as “ A phrase used to enable parties to negotiate settlement of a claim without implying any admission of liability, which cannot be adduced as evidence in any court action without the consent of both parties”.

Which seems to be very similar to what others are saying.

[Peter Pedant]

specifically you cant produce a without prejudice document in court to bolster your case.

[CityBuilder]

Its a strange expression which means we are going to disclose something to you in confidence- it's between us, it might be a suggestion on how we want to settle this matter and to stop you showing the Court, or others, our offer or thinking on this subject we are marking it 'Without Prejudice', which protects us from you using it in Court to cast blame on us, or aspersions on our good character. If you refuse this offer then the knowledge you have gained cannot be used by you to discredit us in any way. If we go to Court then nothing in this letter can be mentioned by you in Court, it's confidential.