without-prejudice-drafter-andrew-bird
Installation
SKILL.md
/without-prejudice-drafter
- Identify the correct footing: open, WP, or WPSATC.
- Apply the right header convention. WP is not protected just because labelled — the substance must be a genuine settlement attempt in an existing or contemplated dispute.
- Surface the Unilever exceptions: WP protection is not absolute.
- Draft accordingly. Keep open and WP material in separate documents.
Without prejudice / WPSATC correspondence
The three footings
| Footing | Disclosure at trial | Use |
|---|---|---|
| Open | Yes — fully admissible | Statements of case, demands, pre-action letters not yet in negotiation |
| Without prejudice (WP) | No — inadmissible to prove liability or quantum | Genuine settlement negotiations |
| Without prejudice save as to costs (WPSATC) / Calderbank | Inadmissible on liability/quantum; intended to be admissible on costs after judgment | Settlement offers where the offeror wants costs protection but cannot use CPR Part 36 (e.g. Employment Tribunal) or wants Calderbank flexibility |