OKay, I have been recieving some emails from an adversary of mine who keeps marking their emails, "Without Prejudice", and sometimes not even in the subject line. The emails - without disclosing actual content...to be cautious - are mostly filled with their personal opinion of me (which, as my adversary, is not good), remarks about my past, personal grievances with me, and just general derogatory comments about me that may or may not have any basis in reality, except for maybe their own.
I have talked to some lawyer friends, and there are some differing opinions on electronic communications marked "without prejudice", but there seems to be some concensus that most communications marked "without prejudice" cannot be used as evidence against the sender in a court of law (if perhaps, the recipient was found murdered for example). However, the issue of this being an electronic communication, coupled with the frivolous nature of the content of said emails doesn't seem to lend it any legitimacy to qualify for this status.
So, recently, without actually reproducing said emails in part or in full, I have mentioned some of the topics from an email they had marked "without prejudice" in my journal and verbally to my friends. They seem to think this is a breech of "contract" and are threatening me with legal action.
So, my questions are as follows:
1. Can anyone mark anything at all, true, not true, a personal opinon...and mark it "without prejudice", send it whomever and it still be legit?
2. What are the actual conditions (not just the definition) that must be met in order to qualify a communcation "without prejudice"? ie: Can it be electronic? Does it have to be delivered in a particular manner? Does the relevancy of the content matter? Between whom can these types of communiications take place in order for it to qualify? Can it be voided in any way?
3. Does mentioning the topics in (let's assume that their emails met all the requirements) a communication that is marked "without prejudice" but not reproducing said communication constitute a violation or breech of contract?
I would be very appreciative of some advice and clarification about this, because I do not take these threats and intimidation tactics very lightly. |