Without prejudice communications
Without prejudice communications

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Without prejudice communications
  • Without prejudice rule
  • What makes a communication ‘without prejudice'?
  • Exceptions to the without prejudice rule
  • Calderbank offers—without prejudice save as to costs (‘wpsatc’)
  • Without prejudice communications at a mediation
  • Cross-border mediation evidence
  • Waiving without prejudice privilege
  • Without prejudice—practical tips

This Practice Note explains the without prejudice rule which affects the admissibility of evidence relating to genuine settlement negotiations and describes what makes oral or written communications fall within, and outside, this principle of privilege. It looks at whether pre-action communications can be without prejudice, the relevance of expressly labelling communications as without prejudice and the position on chains of communications. There are exceptions to the general rule which result in WP communications becoming admissible, such as in relation to extracts which are being used to ‘cherry pick’ communications and these exceptions are explained with examples along with the concept of waiver of without prejudice. Without prejudice communications arising in relation to dome