Legal Letter

The purpose of putting "Without Prejudice" in correspondence is to safeguard the interest of the parties when they are negotiating for settlement of their dispute. During the negotiation process, liability may be admitted directly or indirectly, e.g. A offers $xx if B agrees to withdraw his complaint/action, etc. If such discussion is disclosed to the court, it may prejudice A. Therefore, A will ask the court not to allow B to produce such "without prejudice" correspondence. The court usually admits no "without prejudice" evidence. However, the court has discretionary power to look into the "without prejudice" correspondence and decide whether it is in substance falling into the legal definition. You can simply put "Without Prejudice" at the top of your correspondence.


Weir & Associates

Solicitors & Notary

Room 2108 Gloucester Tower

The Landmark

11 Pedder Street

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/weirlaw

Without Prejudice letter may be admitted when it comes to determine who should pay for legal costs.