“Subject to” looks ahead to the exception. It is used in a clause that is secondary to the clause it is expressed to be “subject to”. It tells the reader which clause takes priority where there is an overlap.
“Without prejudice to” is an expression which is used in a clause where there is to be no priority given over another clause. It tells the reader that the clause in which the expression appears does not affect the clause to which it refers.
It's definitely a huge difference between both. If it's explained in layman language, subject to clause is added to put some condition which is to be adhered to. Whereas without prejudice to clause says that earlier clause should not be contradictory to "without prejudice to clause" I.e. not a condition but expression not to affect such clause.
Posted 3 years, 1 month ago by Prakash mehta
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