CA 25 July 1986. Appeal by defendant claimant against previous decision which reversed an LT decision and held that certain documents marked "without prejudice"should be admitted as evidence. The documents concerned the defendant`s claim for statutory compensation in respect of a discontinuance order made by the plaintiff local authority under the Town and Country Planning Act 1971 s51(1) . Following an opening letter not marked " without prejudice ", the claimant`s surveyors lodged with the council`s district valuer, a lengthy document headed "without prejudice" containing full particulars of the claim and submissions in support of it. The claim was not accepted by the council. There then followed a further amended claim, also marked "without prejudice". As the negotiations between the two parties failed a reference was made to the Lands Tribunal. The council`s solicitors contended that a claim for statutory compensation could not be made on a "without prejudice" basis but must be a