The without prejudice (WP) rule will generally prevent statements made in a genuine attempt to settle a claim, whether made in writing or orally, from being put before the court as evidence of admissions against the interest of the party which made them. One reason for having the WP rule is to encourage parties to settle their disputes out of court. The rationale is that settlement discussions will be facilitated if parties are able to speak freely, secure in the knowledge that what they have said and, in particular, any admissions which they might have made to try to settle the matter, may not be used against them should the settlement discussions fail.

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