This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
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Written correspondence must be clearly marked as being without prejudice, a conversation must be declared from the outset to be on a without prejudice basis, and. the correspondence or discussions which take place under without prejudice protection must be a genuine attempt to resolve the dispute.
The without prejudice (WP) rule will generally prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from being put before the court as evidence of admissions against the interest of the party which made them.
Where there is a dispute between two parties, for example an allegation of discrimination, and there are negotiations taking place with a view to settlement of the dispute, a letter from one party making a settlement offer to the other party should be clearly marked "without prejudice".
This is effectively shorthand for saying: 'whilst I am trying to reach a settlement with you, I'm not admitting any part of the case or conceding or waiving any arguments or rights - so, my offers to achieve a commercial deal are without prejudice to my primary position that I'm right and you're wrong'.
Where do I put the words "without prejudice" on a document or email? There are no rules about this but generally, at the top of any document or in the subject line etc - so that it is instantly clear to the reader.