Without Prejudice Correspondence in UK Law

Leading Cases
  • Rush & Tompkins Ltd v Greater London Council
    • House of Lords
    • 03 November 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 December 1983

  • Admiral Management Services Ltd v Para-Protect Europe Ltd and Others
    • Chancery Division
    • 04 March 2002

    Similarly, in the case of a settlement made in without prejudice correspondence, the correspondence, although privileged when sent and received, is admissible in the event of a dispute as to the terms and meaning of the settlement, on the same basis that any correspondence in which a contract is made is admissible.

  • Family Housing Association (Manchester) Ltd v Michael Hyde and Partners
    • Court of Appeal (Civil Division)
    • 15 December 1992

    The main considerations of public policy in favour of the general rule excluding the reference to without prejudice correspondence, on which Mr. Grime so strongly relies, seem to me to have little or no application in the present context, seeing that I do not think the parties' willingness to talk frankly about the strengths and weaknesses of their case, and to make provisional offers or admissions for the purposes of negotiation only, will be to any significant extent inhibited by the knowledge that the negotiations may be referred to in this very narrow field, not for the purpose of showing that such provisional offers or admissions were made, but solely for the purpose of explaining delay and the conduct of the parties at any relevant period.

  • Unilever Plc v Procter and Gamble Company
    • Court of Appeal (Civil Division)
    • 28 October 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)

  • Bradford & Bingley Plc v Rashid
    • House of Lords
    • 12 July 2006

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Legislation
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Books & Journal Articles
  • Steps between Allocation and the Hearing; Preparation for the Hearing
    • Part 3. Hearings
    • Small Claims Procedure in the County Court A Practical Guide - Seventh edition
    • Patricia Pearl/Tim Parker
    • 167-187
    ... ... not relevant to the dispute; and • without prejudice correspondence: essentially, that is, ... ...
  • Mediation and Settlement of Small Claims Cases
    • Part 2. Mediation and settlement
    • Small Claims Procedure in the County Court A Practical Guide - Seventh edition
    • Patricia Pearl/Tim Parker
    • 151-165
    ... ... The discussions are without prejudice2and remain confidential unless or until ... 7.9.2 ‘Without prejudice’ discussions ... Attempts to settle a dispute ... overlooked, the rule is that correspondence written ‘without prejudice’ may not be used ... ...
  • Confidentiality and Liability
    • Contents
    • Advising and Representing Clients at Mediation - 2nd Edition
    • Stephen Walker/David Smith
    • 45-58
    ... ... the link between mediation and the ‘without prejudice’ rule. Its use is both a strength and ... reference to anything in the correspondence concerned, provided that the contractual basis is ... ...
  • Financial Remedies
    • Contents
    • The Single Family Court: a Practitioner's Handbook - 2nd Edition
    • Gillian Geddes/Richard Budworth
    • 59-91
    ... ... entitled ‘Apply for a financial order without the help of a lawyer’. 2 This is a ... family : a nuptial agreement must not prejudice the reasonable requirements of the children of ... Correspondence is often marked ‘without prejudice’; this ... ...
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