Litigation survival guide - part 10. To use or not to use? That is the without prejudice question
01.04.09
"If I stick "without prejudice" on this email, I can't go wrong". Wrong!
Using the phrase "without prejudice" on a document or in a conversation does not of itself create magical protection and can lull the user into a false sense of security. However the proper use of the phrase in the right context can lead to great tactical advantages and minimise costs exposure.
Related alerts
- Litigation survival guide - part 1. Escape to victory: points to consider when terminating a contract
- Litigation survival guide - part 2. Keep your friends close, keep your suppliers/customers closer - avoiding problems in the supply chain
- Litigation survival guide - part 3. Retention of title: sellers beware!
- Litigation survival guide - part 4. Winding-up your corporate debtor
- Litigation survival guide - part 5. Responding to the threat of winding-up
- Litigation survival guide - part 6. Regulatory breaches - steps in the right direction
- Litigation survival guide - part 7. Think before you claim
- Litigation survival guide - part 8. Cost-effective litigation
- Litigation survival guide - part 9. Privilege - top five Q&As
- Litigation survival guide - part 10. To use or not to use? That is the without prejudice question
- Litigation survival guide - part 11. Time is (recoverable) money. Recovering wasted staff and management time
- Litigation survival guide - part 12. Meeting your disclosure obligations
- Litigation survival guide - part 13. Offers to settle under Part 36
- Litigation survival guide - part 14. Mediation - do you have to and why should you?
- Litigation survival guide - part 15. Securing the costs of your litigation
- Litigation survival guide - part 16. That's settled then!
- Litigation survival guide - part 17. Keeping your settlement confidential
- Litigation survival guide - part 18. Putting payment terms under the microscope
Key Contact
Andrew Smith, partner, +44 (0)121 685 2742, andrew_smith@wragge.com
This alert may contain information of general interest about current legal issues, but does not give legal advice.

