Without prejudice

A legal representative will commonly send a letter 'without prejudice'.

A document or  letter is often marked 'without prejudice' which has the effect of freeing the signatory from the contents in so far as they may contain admissions or concessions which could later be used against the person. 

A legal representative will commonly send a letter 'without prejudice', as a safeguard, in case the letter makes admissions or concessions which the client may later wish not to be bound by.

Negotiations may be conducted prior to the commencement of legal proceedings in the court.  Such negotiations are usually conducted on a 'without prejudice' basis to facilitate frankness and openness.  The effect of such a safeguard is that the circumstances in which the substance of such negotiations may be revealed to the court are very limited.

 

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