20th Feb 2023

Without Prejudice offer

is one that “may not prejudice the court” and so it is prevented from ever being shown to the court. It is an attempt to find a settlement and save costs and so cannot be shown to the judge, save that the judge hosting the FDR, the court’s settlement meeting, certainly will see them and will base their interventions upon how to close the gap between the parties’ positions.  Meetings can also take place on a without prejudice basis when what Is said, shared and done Is generally protected from being produced in the ongoing litigation.