LEGALESE: Part 2 - "WITHOUT PREJUDICE TO"

LEGALESE: “WITHOUT PREJUDICE TO”

“Without prejudice to”. Whilst it sounds like a strange phrase, you will often find it written in contracts.

The term indicates to a reader that what is being said in a clause (Clause 1) does not reduce or limit any right or liability set out in another clause (Clause 2). It essentially tells the reader that the clause in which the expression appears does not affect the clause to which it refers, just in case there was any doubt as to the matter. Clear as mud?

Example:                                                   

Clause 1: Without prejudice to Clause 2 the Seller will manufacture the required equipment to the Buyer's specification within 28 days of request. 

Clause 2: The Seller will ensure that the required equipment is manufactured in a manner that complies with all relevant laws and regulations.

The effect of the above is that the seller must ensure that the equipment is manufactured in a manner that is compliant with both a) the buyer's specification and b) all relevant laws and regulations. Compliance with the specific provisions of clause 1 should not affect the wider duty of compliance contained in clause 2.

In plain English “without prejudice to” essentially means “without affecting”.

Should you need expert legal advice regarding a contractual matter, please contact Joseph Seyed Hossein at joseph.hossein@fieldingsporter.co.uk or telephone 01204 540 900 or 0161 834 4722.

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