Litigation Notes
Tag: without prejudice
Showing 24 out of 31 results
Court of Appeal rejects claim to without prejudice or litigation privilege in communications incorporated into settlement agreement
The Court of Appeal has held that the claimant was not entitled to withhold from inspection communications that had been incorporated into a settlement …
High Court finds impliedly "without prejudice" correspondence admissible on questions of costs
In a recent decision, the High Court has distinguished between correspondence which is expressly stated to be "without prejudice" and that which is only …
High Court finds parties agreed to vary application of "without prejudice" rule in subsequent "without prejudice save as to costs" correspondence
The High Court has held that correspondence marked "without prejudice save as to costs" and which described the conduct of prior "without prejudice" …
High Court considers application of much-criticised exception to without prejudice rule
The High Court has held that the content of "without prejudice" ("WP") communications between the parties to the proceedings was inadmissible, though the …
High Court decision potentially extends exceptions to without prejudice protection
In a recent decision, the High Court has found that documents relating to negotiations in respect of the costs that were recoverable in litigation had to …
Costs judge finds information from mediation is admissible when considering costs consequences of settlement
A costs judge has held that information about a party's costs provided for the purposes of a mediation could be used as evidence when considering the …
Two High Court decisions illustrate broad application of without prejudice protection
In two recent cases, the courts have rejected attempts to introduce evidence of without prejudice (WP) communications. The decisions emphasise the …
Court of Appeal finds settlement offer not subject to "without prejudice" protection as it amounted to an unambiguously improper threat
The Court of Appeal has recently considered the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege: Ferster v …
Court of Appeal decision endorses broad view of without prejudice protection
The Court of Appeal has held that discussions between a defendant's solicitor and a claimant litigant in person were or ought to have been seen …
Important High Court decision on waiver of privilege and without prejudice protection
In a decision earlier this week, the High Court held that a defendant bank had waived both legal professional privilege and without prejudice protection …
Court of Appeal explores ambit of the without prejudice rule
The Court of Appeal has recently held that certain correspondence marked "without prejudice" was admissible in evidence despite this label, because there …
"Opening shot" protected by without prejudice privilege
The High Court has held that a draft Complaint in New York proceedings sent to the other party marked as a "preliminary draft" and "for settlement …
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