WITHOUT PREJUDICE
Lawyers sometimes attach the term “without prejudice” to a statement or offer made during an attempt to resolve a dispute.
The words are frequently put at the top of a letter.
The effect of these words is that the statement or offer becomes privileged information. This means that the statement or offer cannot be produced in evidence at a later Court hearing.
Lawyers have a duty to encourage the parties in a dispute as far as possible to settle the dispute without having to resort to litigation. But the fear that statements made in the course of negotiations may be used against them if the matter goes to Court may prevent the parties from attempting to settle the matter. Being able to communicate “without prejudice’” offers them the protection from this possibility.
The Evidence Act 2006 -
.....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!
