Court & Litigation

Without Prejudice

Also known as: WP

In plain English

A label on settlement discussions meaning the offers cannot be used as evidence against you in court if the matter does not settle.

What it means

When a letter or conversation is marked "without prejudice", it means the parties are trying to negotiate a settlement and that what is said cannot later be used against either side in court. The purpose is to let people speak frankly and make compromise offers without fear that their willingness to settle will be treated as an admission. The protection only applies to genuine attempts to resolve a dispute — simply writing the words on a document does not automatically make it privileged.

How it's used

Their lawyer sent a without prejudice letter offering $10,000 to settle, knowing the figure could not be quoted to the judge if negotiations broke down.

Dealing with without prejudice in real life?

Recover what you are owed and resolve contract disputes without hourly billing. Our AI assistant, Rachel Z, takes your details in minutes and a qualified Australian lawyer handles the rest — at a fixed fee, with no hourly billing.