Pendragon - a warning for you contractors

[sasguru]

Btw OP not sure why you've put without prejudice at the top of that - it has no meaning in this context

Does it have meaning in any context,or is it a bit like Nick Griffin saying "I'm not prejudiced, but ...."

[Peoplesoft bloke]

Does it have meaning in any context,or is it a bit like Nick Griffin saying "I'm not prejudiced, but ...."

It's founded on a piece of contract case law but unless you are making a contractual offer of some kind (and even then mostly) it is pointless.

[PinkPoshRat]

Okay. I am confused now. Without prejudice means what, and who invented it?

[OwlHoot]

Okay. I am confused now. Without prejudice means what, and who invented it?

I think it's mostly used to qualify a written discussion of contract terms prior to signing the contract, with the intended meaning that nothing agreed in those discussions is binding except in so far as the same is also in the contract, and that, contracts aside, anything discussed can be renegotiated in future.

edit: A quick search shows that there are several meanings, e.g. here, which mostly seem to centre round not binding a party in future cases involving the issues under consideration.

[DimPrawn]

I dealt with a client manager many years ago, and he started every email with "without prejudice".

I guess he must have been sued alot.

[PinkPoshRat]

Starting every email message with WP is strange, but not as strange as adding in "the contents of this email may contain nuts" as the signature. That has to be one of the oddest ones I have seen.

[EternalOptimist]

sued a lot ?

more like pseud a lot

freaking wanna-be-lawyer-speak


it's like thos cnts who give you a letter with 'By Hand' written on the front

I want to write 'up @rse' and hand it back

[PM-Junkie]

If you substitute "without prejudice" with "I'm not admitting anything here, but....", you'll understand its meaning and its use.

Documents listed as being "without prejudice" have still successfully been used against the writer in court anyway, so personally I don't see the point.

[centurian]

Okay. I am confused now. Without prejudice means what, and who invented it?

There has long been a general perception that putting "WITHOUT PREJUDICE" in a letter / e-mail means that it cannot be used against you in court.

That is correct, but only applies in very specific circumstances.

It is usually used when negotiating a settlement. A settlement offer is made "without prejudice" so that the other person cannot produce your offer at court and use it against you i.e. - the offer doesn't prejudice your case.

This is so that the parties can make attempts at resolution without the offer coming back to bite them. This only applies to the offer though. Presenting evidence, arguing your case (and virtually everything else) can be fully admitted in court..

[TroubleAtMill]

There has long been a general perception that putting "WITHOUT PREJUDICE" in a letter / e-mail means that it cannot be used against you in court.

That is correct, but only applies in very specific circumstances.

It is usually used when negotiating a settlement. A settlement offer is made "without prejudice" so that the other person cannot produce your offer at court and use it against you i.e. - the offer doesn't prejudice your case.

This is so that the parties can make attempts at resolution without the offer coming back to bite them. This only applies to the offer though. Presenting evidence, arguing your case (and virtually everything else) can be fully admitted in court..

A couple of years ago I was helping someone out with debt collectors by researching other people's experiences and how they responded. Basically, every letter we sent setting out our position (i.e. you're not legally entitled to be chasing the debt until you show some evidence so GTFO ) was prefixed with WP to indicate that this wasn't our final position!