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Without Prejudice ?

  • 25-05-2010 1:14am
    #1
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭


    I think this question may have been asked before , but if so I cannot locate the thread.
    What does the phrase '' Without Prejudice '' actually mean ? Is it only applicable to correspondence between solicitors ?
    Is it correct that the contents of a letter carrying the words cannot be used in court for instance ?


Comments

  • #2
    eagle_&_bear
    Registered Users, Registered Users 2 Posts: 328 ✭✭eagle_&_bear


    hi there,

    I couldn't find anything in the search function.

    In general, any letter at all can be on a 'without prejudice' basis as long as the letter states ''without prejudice''.

    Surprisingly there is a number of cases on the legality of 'WP' and the jurisprudence states that the 'WP' must be on the page and it covers all words, figures, marks and thoughts directly under the 'WP'.

    Technically it does not cover what is written above the 'WP' line but, that really gives you no relief. The practical reality of a 'WP' letter is that the entire letter is out and can not be relied upon in Court, in any capacity.

    They are more commonly seen in contentious matters and moreso when matters around settlement or suggested courses of remedy are being discussed.

    In any event, the letters are also covered by legal privilege so they are never discoverable.


  • #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Are you going to explain Calderbank letters and SI 12 of 2008? :)

    Admitted without prejudice letters are allowed be used in Court where privilege has been dropped but only very explicitly and in certain circumstances.


  • #4
    eagle_&_bear
    Registered Users, Registered Users 2 Posts: 328 ✭✭eagle_&_bear


    who in their right mind would waive privilege?

    and when would you get both sides waiving it?


  • #5
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    eagle_&_bear wrote: »
    who in their right mind would waive privilege?

    and when would you get both sides waiving it?

    Well interestingly it does happen when circumstances that have been subject to discussion on a without prejudice basis in advance of a trial become agreed and convenient to admit into evidence. It is rare enough, but can happen.


  • #6
    eagle_&_bear
    Registered Users, Registered Users 2 Posts: 328 ✭✭eagle_&_bear


    oh i was being flippant :P:eek:


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  • #7
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    eagle_&_bear wrote: »
    oh i was being flippant :P:eek:

    Really? ?? :eek:


  • #8
    eagle_&_bear
    Registered Users, Registered Users 2 Posts: 328 ✭✭eagle_&_bear


    Tom Young wrote: »
    Really? ?? :eek:

    yup *head nodding like one of those nodding dogs that sit on the dashboard of a car*


  • #9
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    eagle_&_bear wrote: »
    who in their right mind would waive privilege?
    Sometimes it might suit a party, e.g. if they wanted to demonstrate that they had sought to resolve the matter without recourse to the courts.
    and when would you get both sides waiving it?
    Surely only one party would need to waive the WP?


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