What is the point of the "without prejudice" rule? A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court.(b) A party may request remedies from the court in the alternative. This guide examines the issues that parties to a dispute should consider when seeking to negotiate terms of settlement. Consolidation or severance of cases may be allowed "whenever it can be done without prejudice to a substantial right. Dismissal without prejudice (Latin: salvis iuribus, lit. The action without prejudice. Settlement Privilege. If this occurs, then the case is dismissed without prejudice.