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10 Tips on how to write 'without prejudice' letters and emails Making allegations or accusations. ... Simply set out the facts. ... Without prejudice letters in serious cases like discrimination or whistleblowing. ... Make it look professional. ... Use professional language. ... Use a three step formula. ... How much to ask for.
Communications marked as 'without prejudice' cannot be used by the other party as evidence in court. This means that parties can speak openly about the matters in dispute without the risk of the other party using that information against them later.
?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
A phrase used to enable parties to negotiate settlement of a claim without implying any admission of liability. Letters and communications used in such negotiation and headed ?without prejudice? cannot be adduced as evidence in any court action without the consent of both parties.