“Without Prejudice”

June 11, 2010

Can you get away with skipping the niceties and telling someone just what you think of them just by adding the magic words “without prejudice” (and thus claiming privilege) to , for example, a letter to the other side in a dispute?

It would perhaps be done far more often if it could always be used.

E, g, Dear Mr x ,we are so glad to be rid of you , you thieving dishonest rogue. We all hated loathed the sight of you by the way and your work was rubbish. You make a claim against us and we’ll see to it you never work in this town again…. Without prejudice. Yours etc.

Woodward V. Santander reminds us that WP cannot be used as a cloak to hide correspondence that is a means of insulting blackmailing or causing “unambiguous impropriety”.

Bit of a shame many employers or ex customers may think.

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