Is without prejudice the same as without prejudice save as to costs?

Another commonly used term is ‘without prejudice save as to costs’. This term means that ‘without prejudice’ protection only applies in court until the court hands down a judgment. This means that ‘without prejudice save as to costs’ can apply pressure to the other side during negotiations.

What does without prejudice save as to cost?

Communications can be marked “without prejudice save as to costs”. The label means that the standard without prejudice protection applies until the court delivers judgment. The English courts have a wide discretion to order one party (the paying party) to pay the legal costs of its adversary (the receiving party).

Can you disclose without prejudice?

Remember, if discussions or documents do not amount to genuine attempts to settle a dispute, they will not be protected from disclosure to the court regardless of any attempt to label or categorise them ‘without prejudice’. The question of whether or not privilege exists primarily relates to a communication as a whole.

How do you respond to without prejudice?

If a letter is received headed ‘Without Prejudice’, consider whether the label is really needed. If the letter is not a genuine attempt to settle a dispute, then reply to the letter inviting the other side to agree that the letter is not ‘Without Prejudice’ or to explain why they think it is.

What does without prejudice save as to costs mean?

Marking a communication with the words “without prejudice save as to costs” means that this correspondence cannot be shown to the Court until after the main issue is resolved. However, the ‘save as to costs’ part means that the communication can be disclosed when the Court is considering the issue as to liability of costs.

Can a case be heard without prejudice in England?

In England the rule appears to be that the court will not consider any communications marked “without prejudice” or made in a without prejudice context, and at a hearing on costs, communications will only be considered if they have been marked “Without prejudice save as to costs”.

What does it mean to go to court without prejudice?

Typically, the unsuccessful party must pay the other party’s legal costs, and the court may use communications marked ‘without prejudice save as to costs’ to determine exactly what those costs should be. The court will consider whether the parties made any attempts to reach a settlement before going to court.

What does without prejudice protection mean in Scotland?

In summary, it would appear that the without prejudice protection in Scotland covers correspondence, concessions or statements made with a view to trying to achieve a settlement, but that does not prevent that same correspondence being referred to either where there is a clear admission or statement of fact, or in relation to expenses.