Without Prejudice in UK Law
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Unilever Plc v Procter and Gamble Company
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They show that the protection of admissions against interest is the most important practical effect of the rule. But to dissect out identifiable admissions and withhold protection from the rest of without prejudice communications (except for a special reason) would not only create huge practical difficulties but would be contrary to the underlying objective of giving protection to the parties (in the words of Lord Griffiths in Rush & Tompkins at p.1300)
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Rush & Tompkins Ltd v Greater London Council
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The rule applies to exclude all negotiations genuinely aimed at settlement whether oral or in writing from being given in evidence.
These cases show that the rule is not absolute and resort may be had to the without prejudice material for a variety of reasons when the justice of the case requires it. I regard this as an exceptional case and it should not be allowed to whittle down the protection given to the parties to speak freely about all issues in the litigation both factual and legal when seeking compromise and, for the purpose of establishing a basis of compromise, admitting certain facts.
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Oliver Alfred Sidney Cutts (Appellant (Plaintiff) v Albert Head and Another (Respondents
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It is that parties should be encouraged so far as possible to settle their disputes without resort to litigation and should not be discouraged by the knowledge that anything that is said in the course of such negotiations (and that includes, of course, as much the failure to reply to an offer as an actual reply) may be used to their prejudice in the course of the proceedings.
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Savings & Investment Bank Ltd ((in Liquidation)) v Fincken (No 2)
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It is not an abuse of the privilege to tell the truth, even where the truth is contrary to one's case. That, after all, is what the without prejudice rule is all about, to encourage parties to speak frankly to one another in aid of reaching a settlement: and the public interest in that rule is very great and not to be sacrificed save in truly exceptional and needy circumstances.
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Calderbank v Calderbank
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Before Mrs. justice Heilbron the wife's application for costs was baaed upon a letter which had been written by the wife's solicitors to the husband's solicitors offering something substantially more than £10,000. Mrs. Justice Heilbron, despite that letter being drawn to her attention, made no order as to costs.
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Ofulue and Another v Bossert
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Far from being mechanistic, the rule is generous in its application. It recognises that unseen dangers may lurk behind things said or written during this period, and it removes the inhibiting effect that this may have in the interests of promoting attempts to achieve a settlement. It is not to be defeated by other considerations of public policy which may emerge later, such as those suggested in this case, that would deny them that protection.
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Serious Crime Act 2015
... ... (4) If an interested person fails without reasonable excuse to comply with an order under this section the court may ... the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in ... ...
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The Concession Contracts Regulations 2016
... ... and utilities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate manner ... (7) Paragraph (6)(b) is without prejudice to the thresholds and exclusions for which the Defence and Security ... ...
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Insurance Act 2015
... ... (and subsections (3) to (7) are without prejudice to the generality of this subsection) ... ...
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Divorce, Dissolution and Separation Act 2020
... ... Without prejudice to the generality of section 75 of the Courts Act 2003, Family ... ...
- Without Prejudice Interpretation—With Prejudice Negotiations: Oceanbulk Shipping and Trading SA v TMT Asia Ltd
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INTERNATIONAL STUDY CONFERENCE ON CLASSIFICATION FOR INFORMATION RETRIEVAL
Without prejudice to the requirements of the other uses of classification, the following conclusions and recommendations are made from the point of view of information retrieval.... ... , DORKING, ENGLAND 13-17 May 1957 Conclusions and recommendations WITHOUT prejudice to the requirements of the other uses of classification, the ... ...
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Direct taxation and bank disclosure in the context of the law of the European Union
Without prejudice to the idea that criminal law should be brought to bear upon tax evasion, in this paper the authors focus on the potential of European Community (EC) law in the frame‐work of econ...... ... ABSTRACT Without prejudice to the idea that criminal law should be brought to bear upon tax ... ...
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Exploring copyright solutions to online‐sharing of scientific literature
Purpose: The purpose of this paper is to explore the effective mechanisms to balance the “sharing online” and the “copyright protection” of scientific literature in the digital environment, under t...... ... be enhanced, andtechnological measures should be strengthened without prejudice to the public interest.Practical implications – The ... ...
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When threats made without prejudice are not without prejudice
The appellants’ threats, contained in an email during settlement negotiations “unambiguously exceeded what was permissible in settlement of hard fought commercial litigation”. The email therefore w...
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Third party access to without prejudice communications
Without prejudice communications should be disclosed to a third party because two exceptions to the without prejudice rule applied (the “concluded settlement agreement” and “reasonableness of mitig...
- Prejudice Without Prejudice?
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Without prejudice communications open to inspection in settlement agreement
The Court of Appeal held that without prejudice material incorporated into a settlement agreement between the claimants and one of the defendants could be inspected by the remaining defendants in o...
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Draft directions for a rating appeal
Lands Chamber (Upper Tribunal) forms including appeals forms.... ... parties’ experts shall meet and communicate with each other on a without prejudice basis sufficiently often so that, by not later than [one month ... ...
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Draft directions for a compensation reference
Lands Chamber (Upper Tribunal) forms including appeals forms.... ... parties’ experts shall meet and communicate with each other on a without prejudice basis sufficiently often so that, by not later than [one month ... ...
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Order for extension of time to register a Bill of Sale or an affidavit of renewal thereof (Bills of Sale Act 1878, s.14; PD8A para 10A.3)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... of deponent) on (date)] is extended to (date), but this order is without prejudice to the rights of parties acquired prior to the time when [the ... ...
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Request for provisional / general detailed assessment
County Court forms including the N1 money claim form.... ... should allow) ... the offers made (those marked ‘without prejudice save ... as to costs’ or made under Part 36 must be contained ... ...