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  • Without Prejudice Definition

    Hi all.

    My understanding of the term is basically - can not be used against me.
    so I put it almost on all letters what I sent to other party lawyer.

    This morning I sent letter with my objection to their request for adjournment ...
    and lawyer replayed with
    I have your correspondence of April 6, 2011 which I note you have marked "Without Prejudice".


    that make me thinking what a point? Is it any catch? What is rule of thumb to use that "Without Prejudice" ?

    And here is full letter.
    Since we are requesting an adjournment and I need to confirm to the court what your position is on this adjournment, I will note that you are objecting to our request to an adjournment and I will attach your correspondence to my confirmation which we are forwarding, advising the court that it will be a contested adjournment. If you intend to rely upon material which you previously filed in July of 2011 Motion, which said Motion was adjourned pending the outcome of the Office of the Children’s Lawyer report, then it will be necessary that this motion proceed by way of a Long Motion with addenda attached to the previous Facta.

    In the circumstances, I believe it is inappropriate for you to be asking for substantial indemnity costs against me but please be advised that we will be seeking costs against you as a result of this unnecessary adjournment request caused by yourself. It would be a simple matter for you to have consented to this given the position which you have taken in your materials.

    Please govern yourself accordingly,

    I remain,

    I am thinking he just try to scare me ... Any scared here after reading that?

  • #2
    Basic definition of "without prejudice" is that basically nothing in them can be used as an admission of any kind.

    "The words without prejudice when added to letters, only mean that in the event of the negotiations carried on by those letters not resulting in any agreement, nothing in them is to be taken as an admission"

    In other words if you are negotiating a settlement and are unable to reach one, they can't pull the correspondence out in court and say "he agreed to this, this and this earlier your honor".

    Can't really comment on the letter, it is standard legal BS....we want an adjournment, you don't, so we're going to court to have a judge decide. We want costs because we believe you should be able to agree to X based on your earlier materials.

    I think the reference to the long motion is an indicator that they'll be playing the card that "it's going to take additional time to prepare due to the complexity, etc" when they ask for an adjournment.

    Comment


    • #3
      Originally posted by NBDad View Post
      Basic definition of "without prejudice" is that basically nothing in them can be used as an admission of any kind.

      "The words without prejudice when added to letters, only mean that in the event of the negotiations carried on by those letters not resulting in any agreement, nothing in them is to be taken as an admission"

      In other words if you are negotiating a settlement and are unable to reach one, they can't pull the correspondence out in court and say "he agreed to this, this and this earlier your honor".

      Can't really comment on the letter, it is standard legal BS....we want an adjournment, you don't, so we're going to court to have a judge decide. We want costs because we believe you should be able to agree to X based on your earlier materials.

      I think the reference to the long motion is an indicator that they'll be playing the card that "it's going to take additional time to prepare due to the complexity, etc" when they ask for an adjournment.
      Thanks for replay.

      Here are some facts

      1. affidavit 15 pages with Arrial Narrow font size 12 with 1.15 line spacing and 1.5 after paragraphs. + 16 exhibits. I believe it not even close to complex or lengthy.

      2. I stated in my letter that lawyer already saw it on our motion what was adjourned till OCL report.

      3. Will all due respect I am not a lawyer and English is my 3rd language. And I did not file a motion - I have to replay.

      4. when I ask for adjournment or late filling - I always have replay - to go #@$%@# my self because it not their concert that I am not a lawyer and have full time job and it's very demanding and intimidating to go thou all this..

      I might be really naive here but I can not see even one reason why judge would give adjournment for them ...

      Comment


      • #4
        Sometimes lawyers use opposites, and inuendoes, something in quotes, an awkwardly written sentence. Having taken a quick glance at what you wrote him, he's telling you that you should not have made it without prejudice so that you yourself can use it as affidavit evidence.

        Comment


        • #5
          Originally posted by iceberg View Post
          You said you have been denied adjournment before by her lawyer?
          always

          15 pages is not too much if they were 5.5 font size as long as they are specific and rellevant.
          I told you in previous post to prepare a good reason why you deny adjournment before you do it.
          done already... will be printed out and pronounced to the judge ...

          Comment


          • #6
            "Without prejudice" means you aren't admitting to a legal obligation to owe support or a settlement, but you are offering a settlement, usually to avoid a drawn out court battle or other legal costs.

            "Without prejudice" goes out the window when it comes time to seek costs after a decision has been made by a judge. At this point a judge may look at the history of negotiations and decide which party has been reasonably offering a settlement and if the court's time was unnecessary.

            For the purposes of costs, "Without prejudice" does nothing for you, in other words. It will also not protect you if your letters admit or imply you have committed fraud or any other criminal act, it only protects from any claim that you are admitting that you already owe something when you make an offer.

            Comment


            • #7
              Thanks everybody for replays but I still not able to come with conclusion.
              Is it ok to use it on all letter to lawyer or not. And if yes how that can be used against me ...

              Comment

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