Prejudice (legal procedure)
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In a civil case, dismissal without prejudice is a dismissal that occurs on some basis other than the merits of the case. The present action is dismissed but the possibility remains open that the claimant files another suit on the claim. This directly differs from a dismissal with prejudice, in which the right of the claimant to file another case on the claim is denied.
[edit] Usage in common law
In many common law jurisdictions such as the UK, Ireland, Canada, Australia, New Zealand and Singapore, the term "without prejudice" is also used in the course of negotiations to indicate that a particular conversation or letter is not to be tendered as evidence in court. Such correspondences must be made in the course of negotiations and must be a genuine attempt to settle a dispute between the parties. It may not be used as a façade to conceal facts or evidence from the court and as such a document marked "without prejudice" that does not actually contain any offer of settlement can be submitted should the matter proceed to court. Courts may also decide to exclude from evidence communications not marked "without prejudice" that do contain offers of settlement.[1][2]
The term "without prejudice save as to costs" is a modification to the above and refers to a communication that cannot be exhibited in court until the end of the trial when the court awards costs to the successful party.
