Without prejudice rule explained: admissibility, disclosure, pre‑action negotiations, labelling, mediation and continuation of protection—practical guidance for litigators (England and Wales)
Published by a
LexisNexis Dispute Resolution expert
Practice notes
This Practice Note outlines the without prejudice principle governing the admissibility of material arising from bona fide settlement discussions. It explains when spoken or written exchanges are covered by, or fall outside, that principle. It also considers whether pre-action exchanges can carry a ‘without prejudice’ status, the effect of expressly marking communications ‘without prejudice’, and how the rule applies across a chain of correspondence. For broader guidance on resolving disputes, see: Settlement and settling disputes—overview.
Without prejudice rule
The ‘without prejudice’ rule is the policy that statements or admissions made by disputing parties with a view to reaching a resolution are treated as without prejudice to liability, and are therefore inadmissible as evidence in civil proceedings. The policy is strongly supported in law to encourage parties to negotiate a settlement. It is not absolute; however, the contours of the exceptions can be hard to delineate. When assessing whether a communication is protected by without prejudice, and so is not admissible unless an exception applies, five key questions should be considered, as indicated here. For details of exceptions to the protection, see Practice Note: Without prejudice—exceptions to protection...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
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 ]...
Discover more from LexisNexis
