Pls Explain me.
pratik
(Querist) 03 May 2010
This query is : Resolved
In a Letter Or Notice if the above words are mentioned on the top of the Letter Or Notice.
"Without Prejudice OR With Prejudice Or
Privilege OR Privileged "
What it is the meaning of the Words if mention under the letter or notice.
I have heard that if any of this words are written under the letter or notice than it seems that it is not for the interpretation and also not for the legal evidence in the court.That the letter is not use for the evidence in the court & also cant interpreted it.
Also Pls Tell Me With Us Expert advice What do this words means & Can be Written Under any Stamp paper or affidavit.
"Without Prejudice OR With Prejudice Or
Privilege OR Privileged "
Pls help me with the examples.
Thanking U All Experts In Advance.
Raj Kumar Makkad
(Expert) 19 January 2012
“Without prejudice” has been used by British courts for over 100 years. According to an article by Ronald D. Manes, Solicitor/Client Privilege, it originates from the solicitor-and-client privilege which was “established by the end of the sixteenth century and was the first category of confidential communications to be afforded a 'privilege'”. Generally, courts have considered solicitor-and-client, husband and wife, priest and penitent and doctor and patient communications as privileged ones. The solicitor-and-client privilege is based upon the notion of confidence and honour that permits a legal adviser to communicate quite freely without the inhibiting influence that would exist if what was said between him and his client could be used as evidence or used unfairly against them before a court.
The “Without prejudice” expression does not fall under the solicitor-and-client privilege. The solicitor-and-client privilege only protects communications between a client and his lawyer. Rightly used, according to Manes, it means that the enclosed communication cannot be used as evidence before the court. This privilege encourages parties to make concessions by communicating freely and without prejudice concerning the possible compromising of their claims and settlement thereof. When added in a letter, it means that in the event of failed negotiations between the parties, nothing in the document could be taken as an admission.
