What is Without Prejudice?

These are correspondence and other written or oral communications generated as a genuine attempt to settle an existing dispute.

Communications covered by the ‘without prejudice’ rule will not generally be admitted in evidence at a subsequent hearing of the claim. Exceptions to this include cases where there is an issue whether an agreement has actually been reached; where the evidence is required to show that the agreement should be set aside on the ground of misrepresentation, fraud or undue influence; and where exclusion of the evidence would otherwise act as a cloak for perjury, blackmail or other ‘unambiguous impropriety’.

It is possible for communications covered by the ‘without prejudice’ rule to be waived, but this requires the agreement of both parties.

Farore Law is a leading boutique law firm that has a wealth of experience in advising senior executives on employment matters. We are well placed to provide appropriate advice regarding the enforceability of contractual terms, seeking a settlement agreement and commencing or defending litigation in the High Court or the Employment Tribunal.

Please contact us if you require legal advice.