ADR Notes

The High Court revisits the issue of "mediation privilege" and proposes (obiter) broadening the "without prejudice" exceptions

Without prejudice rule: High Court considers the estoppel exception

Without prejudice rule: High Court emphasises narrow scope of exceptions

Correspondence about possibility of ADR was not “without prejudice” despite being marked as such

UK government confirms plans for compulsory mediation in the County Court and decides against statutory regulation of the mediation sector

The UK will join the Singapore Convention - so what now?

Herbert Smith Freehills launches new edition of Class Actions in England and Wales

A second edition of our text on class actions in England and Wales, co-authored by Herbert Smith Freehills lawyers, has been published in the UK by Sweet …

High Court finds “without prejudice” statements contained in mediation paper were admissible to defend against allegation of fraud

Court of Appeal rejects claim to without prejudice or litigation privilege in communications incorporated into settlement agreement

A recent Court of Appeal decision has highlighted the need to exercise caution when referring to privileged material in settlement agreements. The court …

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" (WP) …

Brexit: UK unwinds implementation of EU ADR laws

Article published – Discussing settlement options: minding the gap between litigation privilege and the without prejudice rule