Without Prejudice

What does it mean in English?

[dmorison]

Hi,

Not strictly domain name related; but anyone who has received a lawyergram regarding a domain name will have no doubt come accross the words "without prejudice".

However, I have absolutely no idea what this means. I am certainly not a lawyer, but i'm not fick either.

From dictionary.com:

prejudice
1. An adverse judgment or opinion formed beforehand or without knowledge or examination of the facts.
2. A preconceived preference or idea.

So, expanding out for prejudice we have various options:

i) Without an adverse judgement
~
ii) Without opinion formed beforehand or without knowledge or examination of the facts
~
iii) Without a preconceived preference or idea.

Simplifying ii) give:

"Without knowledge or examination of the facts"

So, given the above, what does that mean in the context of a letter received from a lawyer stating this, that and the other? Surely establishing facts is a precursor to any legal process; so why the need for this statement? The definitions of without and prejudice just don't seem to string together sensibly, IMHO!

Thanks!

[Alex_Miles]

I means they don't want you to use what they've just said against them. Not that it ever stops me.

Seen it in a lot of places, but never in a law book. So I don't know if it holds any actual weight. ISTR a QC telling me it didn't, but that was a long time ago, in a jurisdiction far far away.

Its like a little kiddie covering their eyes then going "Ner! You can't see me!"

I recall first seeing it in a written reply from this nutter who had just gone crazy with an axe and earned himself an injunction, when everyone demanded to know when he would put the axe down so they could come get their stuff.

I would personally never use it, because it looks amateur.

[edited by: Alex_Miles at 1:05 pm (utc) on Aug. 4, 2006]

[jtara]

You haven't included enough context for us to understand how the term is being used - one particular meaning is particularly counter-intuituve, but would normally be used only with regard to a judgement or the dismissal of a case:

with prejudice: the term, as applied to judgment of dismissal, is as conclusive of rights of parties as if action had been prosecuted to final adjudication adverse to the plaintiff

without prejudice: a dismissal "without prejudice" allows a new suit to be brought on the same cause of action

(From [nycourts.gov...]

And, of course, if you really want to understand what a legal document means, ask a lawyer. Er, no... ask two. :)

[gpmgroup]

IANAL my counsel told me :) if it's on letter you receive - in the UK it means you can not present that letter as evidence at court, however the sender can do so if she/he wishes.

Some Estate Agents seem to love

Without Predujice
Subject to Contract

;)