Without Prejudice in UK Law

Leading Cases
  • Unilever Plc v Procter and Gamble Company
    • Court of Appeal (Civil Division)
    • 28 Octubre 1999

    They show that the protection of admissions against interest is the most important practical effect of the rule. But to dissect out identifiable admissions and withhold protection from the rest of without prejudice communications (except for a special reason) would not only create huge practical difficulties but would be contrary to the underlying objective of giving protection to the parties (in the words of Lord Griffiths in Rush & Tompkins at p.1300)

  • Rush & Tompkins Ltd v Greater London Council
    • House of Lords
    • 03 Noviembre 1988

    The rule applies to exclude all negotiations genuinely aimed at settlement whether oral or in writing from being given in evidence.

    These cases show that the rule is not absolute and resort may be had to the without prejudice material for a variety of reasons when the justice of the case requires it. I regard this as an exceptional case and it should not be allowed to whittle down the protection given to the parties to speak freely about all issues in the litigation both factual and legal when seeking compromise and, for the purpose of establishing a basis of compromise, admitting certain facts.

  • Oliver Alfred Sidney Cutts (Appellant (Plaintiff) v Albert Head and Another (Respondents
    • Court of Appeal (Civil Division)
    • 07 Diciembre 1983

    It is that parties should be encouraged so far as possible to settle their disputes without resort to litigation and should not be discouraged by the knowledge that anything that is said in the course of such negotiations (and that includes, of course, as much the failure to reply to an offer as an actual reply) may be used to their prejudice in the course of the proceedings.

  • Savings & Investment Bank Ltd ((in Liquidation)) v Fincken (No 2)
    • Court of Appeal (Civil Division)
    • 14 Noviembre 2003

    It is not an abuse of the privilege to tell the truth, even where the truth is contrary to one's case. That, after all, is what the without prejudice rule is all about, to encourage parties to speak frankly to one another in aid of reaching a settlement: and the public interest in that rule is very great and not to be sacrificed save in truly exceptional and needy circumstances.

  • Calderbank v Calderbank
    • Court of Appeal (Civil Division)
    • 05 Junio 1975

    Before Mrs. justice Heilbron the wife's application for costs was baaed upon a letter which had been written by the wife's solicitors to the husband's solicitors offering something substantially more than £10,000. Mrs. Justice Heilbron, despite that letter being drawn to her attention, made no order as to costs.

  • Oceanbulk Shipping and Trading SA v TMT Asia Ltd and Others
    • Supreme Court
    • 27 Octubre 2010

    For these reasons I would hold that the interpretation exception should be recognised as an exception to the without prejudice rule. I would do so because I am persuaded that, in the words of Lord Walker in Ofulue (at para 57), justice clearly demands it.

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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... (4) If an interested person fails without reasonable excuse to comply with an order under this section the court may ... the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in ... ...
  • The Concession Contracts Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... and utilities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate manner ... (7) Paragraph (6)(b) is without prejudice to the thresholds and exclusions for which the Defence and Security ... ...
  • Insurance Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... or applied from time to time,(and subsections (3) to (7) are without prejudice to the generality of this subsection) .(9) Regulations under ... ...
  • Coronavirus (Scotland) (No.2) Act 2020
    • Scotland
    • 1 de Enero de 2020
    ... ... (3) Without prejudice to section 6 of the Interpretation and Legislative Reform ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Draft directions for a compensation reference
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... parties’ experts shall meet and communicate with each other on a without prejudice basis sufficiently often so that, by not later than [one month ... ...
  • Draft directions for a rating appeal
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... parties’ experts shall meet and communicate with each other on a without prejudice basis sufficiently often so that, by not later than [one month ... ...
  • Order for extension of time to register a Bill of Sale or an affidavit of renewal thereof (Bills of Sale Act 1878, s.14; PD8A para 10A.3)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... of deponent) on (date)] is extended to (date), but this order is without prejudice to the rights of parties acquired prior to the time when [the ... ...
  • Request for provisional / general detailed assessment
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... should allow) ... the offers made (those marked ‘without prejudice save ... as to costs’ or made under Part 36 must be contained ... ...
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