Sans prejudice

Sans préjudice, often rendered in English as "without prejudice", is a term of art in international and Dutch law employed in correspondence and negotiations. It safeguards the parties by ensuring that statements made cannot later be adduced as evidence or treated as an admission of liability.

The concept is particularly pertinent in settlement negotiations, mediation and amicable resolutions, where candid communication is required without prejudicing the sender’s legal position.

In practice, the phrase is frequently inserted expressly in letters or emails between counsel to preserve confidentiality and to reserve all rights.