THE TERMS “SUBJECT TO”, “NOTWITHSTANDING” OR “WITHOUT PREJUDICE”: WHICH ONE SHOULD YOU CHOOSE?
I was recently reading this interesting article by Andrew Nickels about the clauses “subject to”, “notwithstanding” and “without prejudice” and it got me thinking how useful the clarification of these terms would be for the purposes of legal translation.
Every legal translator has encountered one or all of these terms in a contract or some other legal document they had to translate, either to or from English. These shorthand expressions prove to be useful tools in saving time when it comes to drafting a contract and that’s why lawyers and legal practitioners use them often.
What do they really mean though in plain English? Are they always used correctly? Continue Reading..