Without prejudice privilege: an overview
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.
Already a Practical Law customer? Sign in
Get access to this document with Practical Law
The value of Practical Law
Deliver results and stay ahead with the help of Practical Law's built-in network of legal experts
As a legal professional, your time is a precious resource. Whether you need insights on a market-leading precedent, help navigating a new topic, how-to guidance on the law with an integrated drafting note, or a checklist to help mitigate risk, you can rely on Practical Law.
Practical Law is the only legal know-how solution supported by a team of over 650 full-time global editors who obsessively monitor the law and create resources to help you navigate the unknown and practise more efficiently.
Learn more about Practical Law
Make the most of your time and resources
Jumpstart your work
Easy-to-use tools deliver a great starting point, so you spend less time searching for templates, building presentations, or delving into unfamiliar areas.
Get how-to guidance
Practical resources provide you with in-depth expert knowledge and insights to help you work more efficiently and make informed decisions confidently.
Rely on worldwide expertise
We offer global and comparative content with thousands of assets covering critical legal topics in more than 100 countries, including weekly updates and daily alerts for EU Law.