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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