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.

    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

    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.

  • 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

    In my opinion the without prejudice rule has no application to apparently open communications, such as those here, designed only to discuss the repayment of an admitted liability rather than to negotiate and compromise a disputed liability. I find it impossible to regard the correspondence here as constituting "negotiations genuinely aimed at settlement" (Lord Griffiths in Rush & Tompkins v GLC) or "an attempt to compromise actual or impending litigation" (Megarry V-C in the Lindt case).

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Legislation
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • January 01, 2016
    ...... regulations that may be made may include, without prejudice to the generality of paragraph (1), ... considered by company members by correspondence . 1.26. A return or report of a matter, ......
  • Consumer Rights Act 2015
    • England & Wales
    • January 01, 2015
    ...... A refund under this section must be given without undue delay, and in any event within 14 days ... . (3) Without prejudice to subsection (1), any information provided by ... Liability in respect of the goods' correspondence with description or sample, or their quality or ......
  • Detention Centre Rules 2001
    • UK Non-devolved
    • January 01, 2001
    ....... (2) The compact shall in no way prejudice any other rights or responsibilities of detained ... be required to have his or her hair cut without consent. S-17 . Regime and paid activity Regime ...S-27 . Correspondence Correspondence . 27. —(1) Every detained ......
  • Freedom of Information Act 2000
    • UK Non-devolved
    • January 01, 2000
    ......correspondence, and. . . (c) describes the information ... model scheme relates adopts such a scheme without. modification, no further approval of the ...this Act would, or would be likely to, prejudice— . . (a) the defence of the British Islands or ......
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Books & Journal Articles
  • Civil Procedure and the Lawyers—The Adversary System and the Decline of the Orality Principle
    • Nbr. 56-3, May 1993
    • The Modern Law Review
    ...... to bargain for settlement, within or without the available court procedures, and to ... which is accorded to ‘without prejudice’ negotiations and correspondence between ......
  • Correspondence
    • Nbr. 5-9, May 1947
    • Probation Journal
    ...... with a view to ensuring that such attempts shall not prejudice the original legal rights of the parties concerned (e.g. ... of the risks to the parties concerned of giving advice without adequate training and legal knowledge. ( 10) That no order ......
  • Pre-Trial Publicity
    • Nbr. 18-1, January 1954
    • Journal of Criminal Law, The
    ...... of which appears to him to prejudice the trial of the accused. In one sense, this ...the correspondence in The Times during December, 1952). It ...Levy (E.B. & E. 537, 539)). Without, however, pausing to enquire whether the ......
  • Notes for Contributors
    • Nbr. 7-1, April 1987
    • Politics
    ...... contributions will be con- sidered without prejudice to the area of politid science ... All other correspondence and articles submitted (three copies ......
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Law Firm Commentaries
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