A declaration that no rights of the party concerned are waived or lost. For example, a judgment without prejudice does not bar the right to bring or maintain an action on the same claim or cause.
A legal term meaning that an action, such as an offer to settle, is made without any admissions or waivers. Part of a nonwaiver agreement that holds that the insured who signs the agreement cannot legally construe certain actions, such as the determination of the value of a claim by the insurance company, to be an admission of liability on the company's part.
A statement made by a party in, or in contemplation of, litigation, which is "off the record". To encourage the parties to engage in open discussion about settlement, such statements cannot generally be made known to the court. If they are expressed to be "without prejudice save as to costs", they may be disclosed after the court has decided the case when it comes to argument about who should pay for it. Without prejudice is often confused with "subject to contract" but the two are completely different.
"Without prejudice" is used in legal negotiations (eg for a motor vehicle accident, an offer can be made to pay without admitting fault for the accident). If the negotiations fail, a person will not be prejudiced or compromised by concessions or offers made in negotiations.
Lawsuit may be brought again by the same persons on the same subject following dismissal.
To dismiss charges; those charges can be brought up again later against the same defendant.
A statement made without an intention to affect the legal rights of any person. These words, if typed before the body of a letter, mean that the writer does not intend the letter's contents to be used as evidence in court.
of insurance claim, it means "no question asked"; e.g. paying a claim "without prejudice" means that although there is no strict liability under the terms of the insurance policy, the insurer may decide to pay without contention on this occasion; however, this settlement should not be used as a basis in the future when such similar claims arise
A dismissal "without prejudice" allows a new suit to be brought on the same cause of action.
A declaration that no rights or privileges of the party concerned are waived or lost. In a dismissal these words maintain the right to bring a subsequent suit on the same claim.
Used when a case or grievance is being dismissed this phrase means that the right or privilege of the complainant to sue again on the same cause of action is not thereby lost or waived. The phrase is used expressly to prevent the dismissal from operating as a bar to a subsequent suit or grievance.
A claim or cause dismissed without prejudice may be the subject of a new lawsuit.
A phrase, used in claims negotiation, meaning that any statement made during negotiation or any offer of settlement is not to be interpreted as an admission of liability.
When rights or privileges are not waived or lost. If your case is dismissed without prejudice it means that there can be a new case about the same thing.
The case may be brought again. The Claimant can subsequently file the same Claim against the same Respondent.
Exact wording set into a written document which qualifies the signatory as exempted from its content to the extent that the content may be interpreted as containing admissions or other interpretations which could later be used against the person signing; or as otherwise affecting any legal rights of the person signing. A lawyer will often send a letter "without prejudice" in case the letter makes admissions which could later prove inconvenient to the client.
Communications made between parties in furtherance of settlement. These communications are privileged and cannot be disclosed to a judge provided that they meet the following requirements: (i) there must be an actual dispute or potential litigation pending; (ii) the maker of the communication must intend that the statement not be used outside the settlement discussions; (iii) the statement must contain some willingness to compromise or settle the matter outside the courts; and (iv) the communication cannot be prejudicial to the other party by containing threats, etc.
Occasionally claims may be paid which the underwriter feels are not actually covered by the policy. Such payments are "without prejudice" and are not to be treated as a precedent for future similar claims.
Claim is paid on this occasion, although the underwriter feels it does not attach to the policy. The action must not be treated as a precedent for similar future claims.
Usually used to qualify a document where a settlement offer or concession is made for negotiating purposes in a dispute; it prevents the recipient disclosing the concession if legal proceedings follow.
phrase written on letters to indicate letter is not to be founded upon in Court as an admission of liability
An action taken during claims negotiations designated as "without prejudice" is intended to be without detriment to the existing rights of the parties.
