Without Prejudice

We have noticed that there is a tendency for parties to a dispute to head correspondence "Without Prejudice".

To date this has not caused us concern. These documents have been sent in with the other dispute papers and we have assumed the parties want us to take them into consideration. But, strictly speaking, if a document is headed "Without Prejudice", it should be disregarded and treated as "unseen".

To ensure that we do not experience difficulties going forward we advise that the term is not used at all or a declaration waiving the right to "Without Prejudice" is submitted with the papers. If a waiver is not submitted, we will have to apply the legal interpretation and exclude the papers as evidence.

28 February 2008

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