What does this mean?

[10ClarionSt]

On some legal correspondence there will occasionally be a phrase that says Without Prejudice. This might seem like a simple enough statement, but what does it actually mean in law?

[kempie]

In Common Law this phrase allows parties to discuss and negotiate a settlement to a legal claim, without admitting liability. Any documents headed "without prejudice" cannot be used in evidence in any subsequent court case without the permission of both parties.

Further info...
http://www.geoffreyleaver.com/resources/resour ce.asp?DeptID=2&SubDeptID=126&toolkitid=130

[MustafaTickl]

Whilst the statements in the link given by kempie are correct, I'm afraid that kempie's own summary is wrong. Read the link very carefully to understand how "Without Prejudice" can be used - wrongly used you will shoot yourself in the foot.

[kempie]

My summary is not incorrect, merely incomplete since it does not include the specifics of dispute and assertion.

[MustafaTickl]

It is incorrect and misleading. Many people get into much trouble by the incorrect use of "Without Prejudice" and your summary leads along that path. You are wrong not only in "disputes" and "assertions".

[kempie]

Why do you think I included a link?

If I had included more information in the first statement;

a) it would no longer be a summary
b) it would have negated the point of including the link to a more detailed explanation.

[MustafaTickl]

Yes, but it's use is much more specific and limited than that. It can be used only to attempt to reach a settlement after the commencement of a dispute, at no other time and for nothing else whatsoever.

[kempie]

Furthermore, all documents which meet the specific criteria that affords them "Without Prejudice" status, i.e. are deemed "Privileged" (cannot be disclosed without permission of {in this case} both parties) in regard of settlement negotiations, need not actually be marked "Without Prejudice" to retain that status (although it is always safest to mark the document �Without Prejudice� in any event).

Thus;
a document marked �Without Prejudice� which does not meet the criteria is not "Privileged",
a document not marked �Without Prejudice� which does meet the criteria is "Privileged".

[MustafaTickl]

Have you found a supply of Magic Mushrooms?

[kempie]

...and what prompted that comment?

"Without Prejudice" is a status not a slogan.

Likewise, legal professional privilege does not require "Privileged" stamped all over it!