CONFIDENTIAL / WITHOUT PREJUDICE SAVE AS TO COSTS

[user89756]

I’m in the process of negotiating with a company to reach a settlement and the company has started heading all their correspondence with “Confidential / Without prejudice save as to costs”. They have stated they’re keen to avoid going to court (as am I).

I understand that the contents of our current correspondence can’t be disclosed to third parties but would this also include a solicitor who I may want to consult for general advice, i.e. not to discuss the specific details of this case? Essentially I'd like to understand whether I'm effectively being completely silenced by the heading on the letters.

I would normally have called Citizens Advice but their helpline is closed until next week.

I’d really appreciate any comments from the legal experts here.

Thank you.

You can share with a solicitor. The labelling is because if you go to court they don't want you to use this letter as evidence of what they're prepared to pay.

Thanks Normaigai.

Normaigai, just to confirm - so I can describe the situation to a solicitor to understand my rights but as long as I don't mention the name of the company and the settlement terms I can't be accused of breaking the confidentiality label?

@user89756

Normaigai, just to confirm - so I can describe the situation to a solicitor to understand my rights but as long as I don't mention the name of the company and the settlement terms I can't be accused of breaking the confidentiality label?

You can share all the details with the solicitor. You're entitled to legal advice.

Thanks milkytwilight.

The without prejudice save as to costs part just means that you can’t draw the attention of the court to their offer of you subsequently need the court to decide liability or quantum of the claim. I wouldn’t read too much into the confidential heading - they can label their correspondence as such but it doesn’t unilaterally bind you unless you you agree to that in some form of settlement agreement. You’re perfectly entitled to get whatever professional advice you think you need from a solicitor and can discuss it all openly with them, show them the correspondence etc.

Thanks, that's good to know.