What is a without prejudice offer and can it be used against me?
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What is a without prejudice offer and can it be used against me?

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25.08.2026

My lawyer suggested making a without prejudice settlement offer to the other side. I do not understand what that phrase means and I fear it might be seen as an admission. How do these offers work, and what are the risks?

Site Administration 29.08.2026
reply date: 29.08.2026

A without prejudice communication is a genuine attempt to settle a dispute, and the rule protects it from being used as evidence in the proceeding to prove admissions or the merits. That means the court will normally not be told of the offer while it decides the case. A different kind of offer, sometimes called a Calderbank offer, is made without prejudice save as to costs, and can be shown to the judge after judgment on the merits to influence a costs order, for example if the other party rejected a fair offer and did not do better at trial. In High Court proceedings, formal settlement offers under the High Court Rules can also affect costs. Label communications carefully and get legal advice before making one.

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