Litigation 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

Competition Appeal Tribunal considers when there is a dispute sufficient to give rise to without prejudice privilege

High Court confirms need for clear indication if shifting from "without prejudice" to "open" communications

The High Court has held that the protection attached to a chain of emails marked "without prejudice" extended to a subsequent email even though it was …

Court of Appeal confirms fraud exception to without prejudice (WP) rule extends to cases where a party wishes to rely on WP statements to rebut allegations that a settlement agreement is invalid

Court of Appeal decision shows “unambiguous impropriety” exception to without prejudice rule will be applied only in clear cases

The Court of Appeal has held that the narrow “unambiguous impropriety” exception to without prejudice privilege, which permits courts to …

Commercial litigation podcast series – Episode 3: General update

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

The High Court has held that statements made in a “without prejudice” (WP) mediation paper were admissible as they were to be used to rebut allegations …

High Court finds evidence of without prejudice discussions should be admitted to establish real risk of dissipation of assets in support of freezing injunction

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" …