In the litany of various correspondence you received over the years you must have come across “ without prejudice,” written at the bottom of the letter or email. This is especially true of legal correspondence.
1. Statement made “ without prejudice” is a privilege invoked;
2. The rationale of using this privilege is based on public policy which promotes the private settlement of disputes by the parties themselves without adding to an already burdened court roll;
3. Parties would be hesitant to be frank and completely forthcoming in correspondence if what they said in the email or letter can be used against them in court in the event of negotiations failing;
4. In order for a statement, letter, email etc which is made “without prejudice”to be protected from disclosure is that it has to be made in good faith(bona fides)
So, when writing business letters or responding to an attorney or legal correspondence always include “ without prejudice” at the end of your letter;
5. By doing this you can be rest assured that your document will be inadmissible as evidence in court based solely on your use of “without prejudice”