They said this… · Court action

“Anything marked ‘without prejudice’ can never be shown to a court for any purpose”

Generally incorrect

Without-prejudice privilege is a nuanced rule protecting genuine settlement negotiations; the label alone is not conclusive and exceptions exist.

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Why this answer

What actually matters

  • Not every communication becomes privileged because someone types the words at the top.
  • Open and without-prejudice correspondence should be kept separate.
  • Seek legal advice before relying on or disclosing disputed settlement communications.

What you could say

Keep the response tied to the actual rule.

Evidence

What to have beside you

  • Contract, correspondence and core evidence supporting each allegation
  • Letter before claim and response
  • A schedule of the money/remedy claimed
  • Court orders and every filing/serving deadline

If they still refuse

Move the dispute forward.

  1. Treat court deadlines as procedural obligations, not ordinary complaint targets.
  2. Keep the issues proportionate and tie each factual proposition to evidence.
  3. If the case is legally or factually complex, obtain legal advice rather than relying on a general-information page alone.

Read the full rules

Go deeper before escalating.

Primary guideRead the detailed ConsumerWise guidance.Court ActionRead the full guide.Pre-action conductRead the full guide.Small claimsRead the full guide.