Question

Difference between notwithstanding and without prejudice

Answer 1

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1. the main different between the two is that notwithstanding is typically used in superseded clause use subject to using subject clear up this ambiguity by making one provision subordinate to other without implying that there is an overlap or contradiction

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Answer 2

“Notwithstanding” looks back to the main rule.
It is used in a clause that is to take priority over
another clause. It tells the reader that the subject
clause overrides the clause(s) to which it refers.
It is, in effect, the opposite of “subject to”.
“Without prejudice” is shorthand for
“without prejudice to the maker of
the statement”. The expression is
commonplace in civil litigation and use
of the expression “without prejudice”
allows communications between parties,
which are genuinely aimed at settling
a dispute, whether made in writing or
orally, to remain confidential (known
as the without prejudice rule). The rule
prevents such communications
being referred to during any related
court proceedings.

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