Without prejudice privilege: an overview

by Practical Law Dispute Resolution

A practice note that provides an overview of the without prejudice (WP) rule. This practice note examines the juridical bases for the rule, which encourages parties to settle disputes out of court by protecting genuine settlement negotiations from being used as evidence of admissions. It details the key requirements for the rule to apply, including the existence of a dispute and a genuine attempt to settle, and considers the importance of using the "without prejudice" label on communications. The guidance explores the scope of WP privilege, including its application to communications with regulators and third parties. This practice note also addresses how WP protection applies in subsequent proceedings, how the privilege may be waived, and the critical distinction between disclosable evidence and evidence that must be produced under the Civil Procedure Rules (CPR). Furthermore, it briefly refers to the key exceptions to the rule and compares WP privilege with other forms of legal privilege to clarify its unique characteristics in civil litigation.