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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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Can a Sicitor stop you from showing a Without Prejudice letter

Resolved Question:

Can a Sicitor stop you from showing a Without Prejudice letter he sent you to your new Solicitor and to a Judge in a case?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. When a letter between solicitors is marked "without prejudice" it means that it cannot be shown in court in the litigation between the parties. However, it does not mean that the letter is confidential, which is a different thing. Accordingly, there is, for example, nothing to prevent you from showing this letter to your friends should you wish. However, the letter cannot be referred to in court in the actual proceedings between you and this solicitor as without prejudice" letters are taken to be in settlement of the dispute and so can only be referred to at the end of the litigation after the judge has made his decision. Secondly, no letter to a judge can be marked "without prejudice" as there is no issue of settlement involved. Accordingly, you can show this letter to whoever you like, whenever you like. It is incorrect to make any letter to a judge as being "without prejudice" as it does not involve the settlement of the dispute.

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