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Using the term "without prejudice"

  • 05-08-2010 10:01am
    #1
    page1
    Registered Users Posts: 219 ✭✭


    Just wondering what is the correct use of this term. Say a company receives a solicitors letter and they are replying but dont want the information contained in it to be relied on in court in case it is incorrect - all effort taken to ensure the info is correct but may be wrong. Should you put this phrase at the top of the letter?


Comments

  • #2
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Without prejudice in this context means that the discussion/letter is without prejudice to anything that might be said or done within legal proceedings.

    As a general rule a party to proceedings in receipt of correspondence entitled 'without prejudice' from or on behalf of the other party will not be permitted to rely on the contents of the correspondence in court.

    So yes, in the circumstances you describe, entitle the correspondence 'without prejudice'. But note that the rule is by no means inviolable.


  • #3
    a lawyer
    Registered Users Posts: 26 ✭a lawyer


    page1 wrote: »
    Just wondering what is the correct use of this term. Say a company receives a solicitors letter and they are replying but dont want the information contained in it to be relied on in court in case it is incorrect - all effort taken to ensure the info is correct but may be wrong. Should you put this phrase at the top of the letter?


    I'd suggest that you just say what you mean in the letter. If there's something you can't clarify just tell them. Without wanting to get into the actual circumstances, if you were to be "definite" in the body of the letter about something that you were a bit uncertain about then "without prejudice" at the top of the letter may not save you later - particularly if the other party can show that they relied on whatever they were told.

    Whether you put "without prejudice" on it or not, assume that whatever goes in the letter may come up later, and if you need to be vague about some points then just say that.


  • #4
    page1
    Registered Users Posts: 219 ✭✭page1


    Thanks very much, i wasnt sure if it was only used where negotiations were taking place.

    In the end i put in the letter "to the best of my knowledge" as im as sure as i can be about the statement but i could not say with 100% certainty that i am right.

    Thanks again.


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