Inspection report prepared and submitted without prejudice

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What does this phrase mean?

Inspection report prepared and submitted without prejudice

The phrase without prejudice is a legal phrase. It is defined in Blackโ€™s Law Dictionary as follows:
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  • โ€œWithout abandonment of claim, right, privilege and without implied admission of liability.โ€

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So what exactly does this mean? In this case, the inspection report is being prepared regarding a situation which may end up in litigation before the courts. When the person who prepared the report wrote that they prepared and submitted the report without prejudice, they wanted to ensure that nothing contained in the report can be used against them in any litigation which may arise at a later date. It means that the report cannot be interpreted as containing admissions of fault or liability, which could later be used against them in court. The report does not affect the legal rights of the person who prepared it.
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The reasoning behind the without prejudice rule is that there is a public policy in favour of promoting the settlement of disputes out of court. If the parties are afraid that what they say in the course of discussions to settle the claim between the parties will later be used against them in the court case if the discussions fail, they would be less likely to enter into these discussions openly and frankly. Using this term does not offer guaranteed protection; the court will look beyond any phrase and it is the court that will ultimately determine if the correspondence can be used as evidence in the court case. Only correspondence made in a genuine attempt to settle the claim will be protected.
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The phrase without prejudice is a legal phrase. It is defined in Blackโ€™s Law Dictionary as follows:
ย 

  • โ€œWithout abandonment of claim, right, privilege and without implied admission of liability.โ€

ย 
So what exactly does this mean? In this case, the inspection report is being prepared regarding a situation which may end up in litigation before the courts. When the person who prepared the report wrote that they prepared and submitted the report without prejudice, they wanted to ensure that nothing contained in the report can be used against them in any litigation which may arise at a later date. It means that the report cannot be interpreted as containing admissions of fault or liability, which could later be used against them in court. The report does not affect the legal rights of the person who prepared it.
ย 
The reasoning behind the without prejudice rule is that there is a public policy in favour of promoting the settlement of disputes out of court. If the parties are afraid that what they say in the course of discussions to settle the claim between the parties will later be used against them in the court case if the discussions fail, they would be less likely to enter into these discussions openly and frankly. Using this term does not offer guaranteed protection; the court will look beyond any phrase and it is the court that will ultimately determine if the correspondence can be used as evidence in the court case. Only correspondence made in a genuine attempt to settle the claim will be protected.
ย 
Recommended for you:
Rule Of Law vs Justice
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Family Relationships in English And Phrases About Family
When to use ADVERBS and ADJECTIVES?

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