What is "without prejudice" privilege?
Matrimonial Finance; Rush & Tompkins v GLC [1989]; genuine attempt to settle; cannot be used to prevent a concluded settlement being enforced; cannot hide a fraud or clear unambiguous admission
What is "without prejudice save as to costs"?
Part 36 offers; admissible on costs after judgment; used to put pressure on the other side to accept a reasonable offer; costs consequences under CPR r.36.17 if claimant fails to beat a defendant's Part 36 offer
What is a Part 36 offer?
Formal settlement offer under CPR Part 36; claimant or defendant can make one; significant costs consequences if not accepted and the party making the offer does better at trial
Can you withdraw a "without prejudice" offer?
Generally yes, before acceptance; once accepted, binding
Related questions
Can my employer use things I said in settlement discussions against me?
Not if those discussions were marked "without prejudice" and made in a genuine attempt to settle. Seek legal advice before making any informal admission.
What is a Part 36 offer and should I accept one?
A Part 36 offer is a formal settlement offer. Whether to accept it is an important decision — your solicitor should advise you on whether it is reasonable given the value of your claim.
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Sources
- Rush & Tompkins v GLC [1989] AC 1280
- CPR Part 36
- CPR r.36.17 (costs consequences)
This answer is editorial information about UK law. It is not legal advice and does not create a solicitor–client relationship. For advice on your circumstances, speak to a regulated personal-injury solicitor.