Making and Protecting Without Prejudice Offers and Communications in England and Wales: Requirements, Scope, Exceptions, Mediation and Practical Steps
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Practice notes
This Practice Note highlights key points when drafting and making a ‘without prejudice’ offer, ensuring any document recording it is not admissible in a court or tribunal.
What is without prejudice?
As relevant evidence on an issue for a court or tribunal, written communications or records of conversations between parties to a dispute are admissible in evidence.
Under the law of England and Wales, parties may, in defined circumstances, stop oral statements or written communications that contain an offer, concession or admission against their interest being admitted in evidence.
If protection applies, such statements or documents cannot be shown to the court or tribunal. This is known as the ‘without prejudice’ rule, which has exceptions, some listed in Exceptions to without prejudice protection.
The rule is not a blanket exclusion; assessed objectively, it depends on:
- a dispute existing between the parties to the communication or conversation (directly or through agents); and
- the purpose of the communication or conversation being either to resolve or to narrow the issues between the participants...
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Web page updated on 21/05/2026
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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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