ADR Notes

Without prejudice rule: High Court emphasises narrow scope of exceptions

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

Should the UK sign the Singapore Convention? Weighing the issues…

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) …

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

Article published – ADR reform: one size does not fit all

On 6 March, the Civil Justice Council held a workshop to discuss the recommendations made in its interim report on ADR, which was subject to …

High Court decision potentially extends exceptions to without prejudice protection

In a recent decision, the High Court has found that documents relating to negotiations regarding recoverable litigation costs had to be disclosed to a …

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 …

Settlement offer conveyed through a mediator found not to be protected by without prejudice privilege due to 'unambiguous impropriety'

The Court of Appeal has recently applied the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege, to find that a …

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 …