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Your answer appears ambiguous. Can the contents of a ‘Without Prejudice’ letter be disclosed to the Court without the party’s permission? Even when it comes to the time of awarding costs can the losing party refer the ‘Without Prejudice’ letter to the Judge in hope of diminishing their costs?
Let me be clear. You can't disclose a without prejudice document UNTIL liability has been decided.
Once liability has been decided then without prejudice documents can be disclosed to the Court. This is because any offers etc made are protected and goes to the issue of costs
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