What is a Without Prejudice offer?

A “without prejudice” offer is a settlement proposal made during a legal dispute that is expressly marked as “without prejudice.

The key feature of a Without Prejudice offer is that it is generally inadmissible in court, and cannot be presented as evidence if a dispute proceeds to a final hearing, except in very limited circumstances.

The main purpose of a without prejudice offer is to encourage open, honest, and genuine negotiations between the parties, and make concessions in an attempt to settle the dispute.

Marking correspondence “Without Prejudice” does not automatically make it inadmissible if it is not a genuine offer of settlement.