What does the term without predjudice typically mean in a building trade report? I know it has a specific legal meaning during the process of Discovery or Disclosure but i think the meanings are different for the building trade.
It generally means that if you get a copy of the document, you can't use it as evidence in a court. For example:
Without prejudice:
We find the roof has not been fitted to our usual high standards and are prepared to offer you £1,000 in compensation
Means you can't use it as evidence that they admit they were at fault or they admit it was not to correct standard. So they will feel more able to try to be reasonable and make an offer to you to avoid the trouble and cost of a court hearing, without them damaginging themselves by making an admission.
The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court.
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