Jurisdiction(s):
United Kingdom

Key definition

Without prejudice definition

What does Without prejudice mean? In practice, “without prejudice” denotes settlement communications that parties do not intend to be used in court or tribunal as evidence of concessions or admissions. The protection arises from common law (often called the without prejudice rule or without prejudice privilege), not statute, and is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. Key features: - It applies to written and oral negotiations (including emails, calls and mediation) made in a genuine attempt to resolve an existing dispute. - The substance controls: communications can be protected even if not labelled “without prejudice”, and a label alone will not protect routine...

Without prejudice privilege: admissibility, scope, exceptions, waiver, pre-action correspondence, mediation and Calderbank offers (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note sets out the scope of the 'Without Prejudice rule' governing the Admissibility of material generated by bona fide Settlement discussions. It clarifies when spoken and written communications are protected by, or fall outside, this head of privilege. It considers if Pre-action exchanges may attract 'without prejudice' status, the significance of explicitly marking correspondence 'without prejudice', and how the principle applies across a chain of documents. It outlines the recognised exceptions that can render 'without prejudice' material admissible, including circumstances where extracts are deployed to cherry-pick the narrative, illustrated by examples, together with the notion of waiving 'without prejudice' privilege. The treatment of 'without prejudice' communications in the context of mediations is addressed, as are Calderbank offers marked 'without prejudice save as to costs'.

Without prejudice rule

The policy is that communications between disputing parties containing admissions or statements made on a 'without prejudice' basis will not be received as evidence in civil proceedings, and is commonly described as the 'without prejudice rule'. It is not absolute, as recognised carve-outs exist; these are summarised briefly here. The policy carries considerable legal weight and is designed to encourage parties to seek to resolve disputes...

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Web page updated on 21/05/2026

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