The "without prejudice save as to costs" rule extends the basic "without prejudice" rule. It maintains the same privilege but, should the matter go to Court, the parties can disclose communications when the Court comes to decide the issue of costs. read more
Without prejudice', 'without prejudice save as to costs' and 'subject to contract' are three legal terms that are frequently seen in correspondence or thrown about in discussions. However, they are often used in the wrong context and can confuse recipients who do not know what they really mean. read more
The phrase “without prejudice save as to costs” is a term used in law to identify that discussions and offers made to resolve disputes cannot generally be disclosed to courts or tribunals, except where the issue of legal costs is being determined. read more
(a) where you are involved in a dispute, you understand the meaning and effect of the phrase ‘without prejudice’ and ‘without prejudice save and except as to costs’; and (b) where you are attempting or engaging in settlement negotiations, you ensure that you indicate the negotiations are conducted on a ‘without prejudice’ or ‘without prejudice save and except as to costs’ basis. read more