without prejudice communications

Breaches of natural justice are frequently raised but rarely accepted in adjudication enforcement – Gatehouse Chambers

Posted April 30th, 2024 in chambers articles, disclosure, dispute resolution, enforcement, news, without prejudice communications by sally

‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’

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Gatehouse Chambers, 17th April 2024

Source: gatehouselaw.co.uk

High Court ruling on ‘without prejudice’ privilege renders adjudication unenforceable – OUT-LAW.com

Posted October 25th, 2023 in bias, dispute resolution, news, privilege, without prejudice communications by sally

‘A disputed adjudicator’s decision is unenforceable due to apparent bias, according to the High Court in England, after privileged communications were wrongly deemed admissible as evidence during the proceedings.’

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OUT-LAW.com, 25th October 2023

Source: www.pinsentmasons.com

Without prejudice privilege – guidance from the Privy Council – Practical Law: Construction Blog

Posted February 13th, 2023 in construction industry, dispute resolution, electronic mail, news, without prejudice communications by tracey

‘I advise many clients involved in construction projects who are on the cusp of a dispute. While they take legal advice on the merits of their position, my clients usually continue to seek to reach an amicable solution with their counterparty through direct negotiation as well as continuing to liaise on a day to day basis to get the job finished. In this context, my clients regularly ask, “Should my email be without prejudice?”. Although the law in this area is relatively settled, the question continues to throw up difficulties. I have been involved with several cases where one party has attempted to put material before a judge or adjudicator that the other side says is inadmissible because it was made without prejudice. The recent Privy Council case of A&A v Petroleum Co of Trinidad & Tobago sheds some light on this perennial problem.’

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Practical Law: Construction Blog, 7th February 2023

Source: constructionblog.practicallaw.com

Privileged Information and Settlement Agreements – Parklane Plowden Chambers

Posted January 21st, 2020 in confidentiality, disclosure, news, privilege, without prejudice communications by sally

‘Do Defendants have a right to see unredacted settlement agreements which have privileged communications in them? The case of BGC Broker LP (above) addresses this.’

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Parklane Plowden Chambers, 17th January 2020

Source: www.parklaneplowden.co.uk

Concerns raised about Calderbank offers being used to assess litigation conduct – Law Society’s Gazette

Posted November 5th, 2019 in consultations, costs, family courts, Law Society, news, without prejudice communications by sally

‘Reservations have been expressed about plans to change the rules for determining costs at the end of family proceedings.’

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Law Society's Gazette, 5th November 2019

Source: www.lawgazette.co.uk

Emails treated as ‘without prejudice’ can be used for costs – Litigation Futures

Posted September 12th, 2019 in arbitration, costs, electronic mail, news, without prejudice communications by tracey

‘There is no rule that communications treated as “without prejudice” despite not being labelled as such cannot be referred to when considering costs, the High Court has ruled.’

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Litigation Futures, 12th September 2019

Source: www.litigationfutures.com

Offer to settle for no damages was valid under part 36 – Litigation Futures

Posted August 28th, 2019 in anonymity, assault, civil procedure rules, criminal records, damages, false imprisonment, harassment, news, part 36 offers, without prejudice communications by tracey

‘An offer to settle a case for no damages but an admission of liability was a valid part 36 offer and it was not unjust to apply the usual consequences of beating an offer when the claimant won at trial, the High Court has ruled.’

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Litigation Futures, 28th August 2019

Source: www.litigationfutures.com

Another judge wrongly views ‘without prejudice’ offer – Litigation Futures

Posted August 5th, 2019 in costs, disclosure, judges, news, tribunals, without prejudice communications by tracey

‘The First-tier Tribunal (FTT) wrongly took into account a “without prejudice” offer when deciding on the costs of a case when there was no reason to believe that it was “save as to costs”, the Upper Tribunal has ruled.’

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Litigation Futures, 5th August 2019

Source: www.litigationfutures.com

Costs award overturned after judge read ‘without prejudice’ letters – Litigation Futures

Posted July 10th, 2019 in appeals, costs, disclosure, employment tribunals, jurisdiction, news, race discrimination, religious discrimination, without prejudice communications by sally

‘A judge was wrong to make a costs order after viewing ‘without prejudice’ material relating to settlement discussions that was not marked “save as to costs”, the Employment Appeal Tribunal (EAT) has ruled.’

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Litigation Futures, 9th July 2019

Source: www.litigationfutures.com

Lawyers who had “direct interest” in case face costs hearing – Litigation Futures

Posted April 15th, 2019 in abuse of process, barristers, costs, malicious prosecution, news, solicitors, without prejudice communications by michael

‘A ruling about “without prejudice” correspondence has brought to light a claim against a group of lawyers who now face having to pay the costs of a case they facilitated.’

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Litigation Futures, 15th April 2019

Source: www.litigationfutures.com

Solicitors and QC “cannot rely” on without prejudice negotiations – Legal Futures

Posted March 4th, 2019 in barristers, law firms, negligence, news, without prejudice communications by sally

‘Allowing a City law firm and QC to rely on ‘without prejudice’ communications to defend allegations of professional negligence could “undermine the policy of encouraging parties to settle disputes”, the High Court has ruled.’

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Legal Futures, 4th March 2019

Source: www.legalfutures.co.uk

LiP sanctioned for revealing ‘without prejudice’ offer in court – Litigation Futures

Posted November 5th, 2018 in appeals, civil procedure rules, damages, litigants in person, news, personal injuries, without prejudice communications by sally

‘A litigant in person (LiP) who disclosed a ‘without prejudice’ offer during trial had been warned not to and the judge was right to sanction him, the Court of Appeal has ruled.’

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Litigation Futures, 5th November 2018

Source: www.litigationfutures.com

Confidentiality, Costs and Mediation – Garden Court Chambers

Posted February 22nd, 2017 in admissibility, confidentiality, costs, documents, news, privilege, without prejudice communications by sally

‘That mediation proceedings are confidential is taken as axiomatic. What is said and done in the course of a mediation remains there. The same goes for documents of whatever kind, and their contents, created for the purposes of the mediation. In the above case Master Howarth appears to have qualified these propositions to some extent.’

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Garden Court Chambers, 31st January 2017

Source: www.gardencourtmediation.co.uk

Negotiating in the Shadow of the Court: Mediation in parallel with litigation – Family Law Week

Posted October 31st, 2016 in confidentiality, dispute resolution, family courts, news, privilege, without prejudice communications by sally

‘Madeleine Reardon, barrister of 1 King’s Bench Walk, considers the role of mediation in the course of family proceedings, practical issues arising therefrom and, in particular, confidentiality of the mediation process.’

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Family Law Week, 27th October 2016

Source: www.familylawweek.co.uk

High Court: part 36 offer meant party could not accept earlier ‘without prejudice’ offer – Litigation Futures

Posted July 20th, 2016 in banking, damages, law firms, loans, negligence, news, part 36 offers, without prejudice communications by tracey

‘The High Court has ruled that a claimant’s part 36 offer was a counter-offer, meaning that an earlier common law offer by the defendants no longer remained open for acceptance.’

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Litigation futures, 15th July 2016

Source: www.litigationfutures.com

DB UK Bank Ltd (trading as DB Mortgages) v Jacobs Solicitors – WLR Daily

Posted July 13th, 2016 in banking, civil procedure rules, law reports, negligence, part 36 offers, solicitors, without prejudice communications by sally

DB UK Bank Ltd (trading as DB Mortgages) v Jacobs Solicitors [2016 [EWHC] 1614 (Ch)

‘The claimant bank brought a claim for professional negligence against the defendant firm of solicitors. The claimant’s solicitors sent a letter to the defendant’s solicitors stating that they were accepting the defendant’s offer to settle contained in a “ without prejudice save as to costs” letter (“WPSAC letter”) and enclosing a draft Tomlin order. A series of without prejudice letters and conversations followed. The defendant’s solicitors wrote reiterating the terms of their offer of settlement. Subsequently, the claimant’s solicitors sent a without prejudice letter containing a CPR Pt 36 offer. The parties differed as to the effect of the claimant’s Part 36 offer on the defendant’s WPSAC letter. The defendant contended that the claimant’s Part 36 offer was a counteroffer and, in law, had the effect of rejecting its WPSAC letter so that thereafter, it was not open for acceptance.’

WLR Daily, 4th July 2016

Source: www.iclr.co.uk

Without prejudice privilege – Law Society’s Gazette

Posted February 15th, 2016 in appeals, damages, landlord & tenant, legal representation, litigants in person, news, privilege, rent, solicitors, without prejudice communications by sally

‘The ‘without prejudice’ privilege refers to the inadmissibility of any party communications targeted toward settlement. The objective of this privilege is to encourage parties engaging in settlement consideration, by ensuring any information disclosed in the pursuit of settlement cannot be submitted in litigation proceedings (see Lord Griffiths in Rush & Tomkins v GLC [1989] 1 AC 1280).’

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Law Society’s Gazette, 15th February 2016

Source: www.lawgazette.co.uk

Court of Appeal : LiPs can benefit from ‘without prejudice’ rule without knowing what it means – Litigation Futures

Posted January 20th, 2016 in appeals, damages, landlord & tenant, litigants in person, news, privilege, rent, without prejudice communications by sally

‘Litigants in person (LiPs) can benefit from the ‘without prejudice’ rule even if they do not know what it means, the Court of Appeal has made clear.’

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Litigation Futures, 19th January 2016

Source: www.litigationfutures.com

Avonwick Holdings Ltd v Webinvest Ltd and another – WLR Daily

Posted October 17th, 2014 in dispute resolution, documents, evidence, law reports, loans, privilege, statutory demands, without prejudice communications by tracey

Avonwick Holdings Ltd v Webinvest Ltd and another: [2014] EWHC 3322 (Ch); [2014] WLR (D) 424

‘Communications made at a time when there was no dispute could not, with retrospective effect, be made subject to the without prejudice privilege by subsequently rasing a dispute.

WLR Daily, 10th October 2014

Source: www.iclr.co.uk

Without prejudice communications – 11 Stone Buildings

Posted February 27th, 2013 in admissibility, contracts, evidence, interpretation, news, without prejudice communications by sally

“When a litigator enters into settlement discussions, the general rule is that the content of those communications are protected by the Without Prejudice Rule and cannot be relied upon as evidence in court if the case doesn’t settle. This rule, however, does not constitute a blanket ban. In this note James Barnard reminds us of the Without Prejudice Rule framework, its recognised exceptions and how the Supreme Court case of Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] UKSA 44 created another wide-ranging exception.”

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11 Stone Buildings, February 2013

Source: www.11sb.com