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"Without Prejudice"

(13 Posts)
WatchingFromTheWings Wed 16-Nov-16 14:05:55

My 'D'M has a habit of sending nasty letters when someone upsets her. She won't just send them to the person who upset her, but also to their partner/friends/boss, anyone in their social circle, bitching about how she has been wronged etc. She is often very unpleasant. She puts 'Without Prejuduce' at the top of the letter as she believes this means that the letters can't be used in court and she can't get into trouble for harassment.

Is this true?

WinnieTheW0rm Wed 16-Nov-16 14:12:37

No, it's not true.

That's a phrase used for some sort of interim payment or other offer, which is not an admission of liability (goodwill gesture at that stage) ie it does not prejudice the parallel legal processes or other negotiations.

And offers/payments can likewise be accepted without prejudice to final outcome (so you can accept something early on, because you're on your beam ends, without the risk of being told later 'no that was it and you should have finalised the figure back then'h

Losingtheplod Wed 16-Nov-16 14:16:01

No of course not. It doesn't make any difference at all to how it would be dealt with in court. If she carries on doing it, I would imagine it won't be long before she finds that out for herself!

WatchingFromTheWings Wed 16-Nov-16 14:26:02

She has been warned. I'm just waiting to be on the receiving end..... grin

Thank you for your help! flowers

WatchingFromTheWings Wed 16-Nov-16 14:26:32

Thanks to both of you.

WatchingFromTheWings Wed 16-Nov-16 14:27:57

Meant to add, she's been warned but truely believes she'd untouchable due to writing that. Just wanted to clarify whilst I'm waiting!

Losingtheplod Wed 16-Nov-16 16:46:27

It would be nice if it was true, I can think of a few things I'd like to get off my chest, if I could do it with a guarantee of no consequences!

LurkingHusband Thu 17-Nov-16 09:53:48

As long as she sticks to poor people, she should be OK. Libel and slander are only games for deep pockets.

prh47bridge Thu 17-Nov-16 13:22:32

As long as she sticks to poor people, she should be OK

Unless one of the poor people realises that there are lawyers around who will take on defamation cases on a no win, no fee basis. Or one of the poor people complains to the police about harassment.

atticusclaw2 Thu 17-Nov-16 13:27:08

People often misinterpret the without prejudice rule.

It is only "without prejudice" if it contains a genuine attempt to resolve a pre existing dispute.

I have had various clients who think it's ok to write to someone telling them they need to resign or be sacked completely out of the blue and that by putting "without prejudice" on top of the letter it will mean it can't be disclosed in tribunal. They're wrong.

Alorsmum Thu 17-Nov-16 22:33:13

Do you know any police officers socially who can put her right with a "friendly chat"

MadameCholetsDirtySecret Thu 17-Nov-16 22:36:14

A little knowledge is a dangerous thing!

AddToBasket Thu 17-Nov-16 22:39:37

This is very weird. Please tell us what these letters contain!

'Without prejudice's for negotiation, not a get out clause for abuse.

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