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Without prejudice

  • 14-04-2014 5:22pm
    #1
    loremolis
    Registered Users, Registered Users 2 Posts: 945 ✭✭✭


    I made a compliance submission to a planning permission and the reply I received from the Council was headed 'WITHOUT PREJUDICE'.

    Is this possible? I thought without prejudice correspondence was in the realm of court proceedings only.


Comments

  • #2
    danger_here
    Registered Users, Registered Users 2 Posts: 35 ✭danger_here


    I'd take a guess they are including it to future proof themselves were there to be any hypothetical legal action.


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    "loremolis wrote: »
    "Is this possible? I thought without prejudice correspondence was in the realm of court proceedings only.

    As the correspondence does not seem to relate to settlement negotiations, I'm not sure how marking it 'without prejudice' could have any additional effect here.


  • #4
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Without prejudice privilege is designed to facilitate good faith attempts to negotiate so that litigation can be avoided or at least concluded without a full hearing. You can't just slap "WITHOUT PREJUDICE" on any old letter and expect to rely on this later.


  • #5
    Wheelnut
    Registered Users, Registered Users 2 Posts: 977 ✭✭✭Wheelnut


    The council get dragged into everything and they are sue-able, so they try to cover their asses.


  • #6
    Benbulnen64
    Registered Users, Registered Users 2 Posts: 79 ✭✭Benbulnen64


    They're possibly trying to negotiate with you and don't want you to use the letter later if the matter does go to court.


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  • #7
    loremolis
    Registered Users, Registered Users 2 Posts: 945 ✭✭✭loremolis


    There is some element of negotiation but at the same time a without prejudice reply to a compliance submission seems crazy.

    Even if it did end up in court the reply is on a public file for all to see.


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