Legal Review: Using 'without prejudice' without prejudice

Chris Edwards-Earl looks at how trustees can ensure they use ‘without prejudice’ correctly

clock • 4 min read
Chris Edwards-Earl: If the ‘without prejudice’ label isn't properly used, the effects can be disastrous
Image:

Chris Edwards-Earl: If the ‘without prejudice’ label isn't properly used, the effects can be disastrous

There are many occasions in which ‘without prejudice’ discussions, where people are free to make concessions and make settlement offers without fear of prejudicing themselves, can be essential in settling pension disputes.

For example, when trustees are negotiating with employers, when they are pursuing claims against advisors, and when settling claims with employees. Such ‘without prejudice' communications may help ...

To continue reading this article...

Join Professional Pensions

Become a Professional Pensions Lite Member today

  • Three complimentary articles per month covering the latest real-time news, analysis and opinion from the industry
  • Receive important and breaking news stories via our two daily news alerts
  • Hear from industry experts and other forward-thinking leaders

Are you a trustee, investment consultant or in-house pension and benefit scheme professional? You can apply for full complimentary access here

Join now

 

Already a Professional Pensions
member?

Login

More on Law and Regulation

DWP extends VfM consultation by two weeks

DWP extends VfM consultation by two weeks

Deadline for responses extended to 15 September

Martin Richmond
clock 12 August 2026 • 1 min read
How AI is driving more complex pension member complaints

How AI is driving more complex pension member complaints

Richard Bacon and Henry Day say there has been a step change in member requests and complaints

Richard Bacon and Henry Day
clock 07 August 2026 • 3 min read
ORA lessons from the first wave

ORA lessons from the first wave

Manjinder Basi and Lauren Shipman say initial concerns have proved largely misplaced

Manjinder Basi and Lauren Shipman
clock 30 July 2026 • 3 min read
Trustpilot