Contract Law - Without prejudice

What this page is about: Letters and documents sent marked as 'Privileged', 'Without Prejudice', and 'Without Prejudice Save regarding Costs' documents.

Whilst the general rule is that all evidence which is relevant to a fact in issue in civil proceedings is admissible, there are a number of exceptions, including without prejudice communications.

The reasons for the without prejudice rule are set out in the judgments in the leading authorities of Cutts v Head (1984) Ch 290 and Rush & Tompkins v Greater London Council [1989] AC 1280.

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