Without Prejudice means without detriment to any existing right or claim.

An offer can be made to resolve a dispute ‘without prejudice’. Without Prejudice offers are confidential so if the offer fails and the case goes to trail, information about the offer should not be given to the Judge (or arbitrator) during the hearing.

To be able to use Without Prejudice, and prevent your discussions being used against you if your case comes to trial:
– There must be a genuine dispute
– Your discussion/letter must be a genuine attempt to resolve it
– You must keep your without prejudice negotiations private or you may lose your right to confidentiality

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Rachel Damianou
Rachel is an accredited member of the Society of Trust & Estate Practitioners, and joined the firm as a trainee in 1991. She initially worked within our Litigation Department where she gained considerable experience in dealing with contentious matters such as disputes over Wills and Lasting Powers of Attorney. As well as preparing the aforementioned, she deals with Estate Administration and Court of Protection orders.