Without Prejudice

While preparing a case for hearing, whether in the Courts, at Arbitration, or by way of the other forms of dispute resolution, the Legal Advisers for both parties are obliged to ensure that their client’s case are presented clearly, fully, and in the best possible light. At the same time they have a duty to explore any possible avenues of agreement between the parties with a view to shortening the case where reasonably possible. In many cases these discussions result in the parties reaching agreement and the case settles Out of Court without a formal hearing. Statistics show that the great majority of cases settle out of court.  If however, despite the negotiations between the Legal Advisers, the case does not settle and it and goes to a full hearing, then nothing that has been said in the course of such discussion and negotiations or exploratory talks can be introduced as evidence at the hearing. This includes correspondence written without prejudice. Such negotiations are said to take place ‘WITHOUT PREJUDICE’