Without Prejudice?

[nicsussex]

As far as i understand this means that any communication with this heading can not be admissable in court (I'm sure someone will correct me if i am wrong). If this is the case why should we not reply to any such correspondence stating clearly that we will not accept any correspondence headed as such. The bank has been given plenty of opportunity to state their case why should not all correspondence now not be admissable in court seeing as it down to the bank that the situation has got to this stage?

[lookinforinfo]

The use of "without prejudice" is used when one of the parties in a two party dispute wishes to make an offer to settle the dispute, without jeopardising its

legal arguments its rights, or admitting it is in the wrong. Only if it is a settlement

offer can it be admitted as without prejudice, and so cannot be used in Court

should negotiations fail, as leverage by either party. If it is not an offer of

settlement, the offer loses its without prejudice status and can be used in Court.

 

What I am unsure about is whether a genuine "without prejudice" letter could be

used in an unrelated case [with the addressees' permission] as perhaps

evidence of say underhanded dealings by the solicitors acting for the bank, or as

evidence of unlawful bullying tactics designed to coerce the recipient into taking a

wrong decision.

[Janet-M]

If you do not mark your own letters without prejudice then these can be submitted in court.A judge can then get an idea of what has been going on / getting said by the contents of your own letter.Not that it ever gets as far as a judge

[BankFodder]

There is geneally no pint in writing without prejudice letters.

In principle, don't do it unless you know why you are doing it and what you want to achieve.

 

The banks do it in order to hide their shame.