What does Without Prejudice mean?

You will often receive correspondence within divorce proceedings or a financial offer marked ‘Without Prejudice’ and you may be wondering what this means.

‘Without Prejudice’ means ‘without loss of any rights’ and the intention is that the settlement proposals contained within the communication will not be seen by the Judge (unless they are accepted). A without prejudice offer is therefore the opposite of an Open offer.  The logic is that it will encourage parties to settle disputes as if the Judge will not see the proposal then the party making the proposal cannot be held to it (if the proposals are not accepted).

Often, a party will mark all their correspondence as ‘Without Prejudice’ without understanding when this would apply.

‘Without prejudice is not a label which can be used indiscriminately so as to immunise an act from its normal legal consequences where there is no genuine dispute or negotiation.’ Unilever Plc v Proctor & Gamble Co [2001] 1 All ER 783

Be warned that it is not simply the case that if you write without prejudice on your correspondence that it cannot be shown to the Judge. The correspondence will only actually be ‘Without Prejudice’ if the communication is made in a genuine attempt to settle and the Court will consider the circumstances surrounding the correspondence.

If you are looking for expert advice concerning separation, divorce or related issues, contact Harrowells Family Law team and we will steer you through the legal jargon to acheve the right outcome for your particular situation.