Without Prejudice in UK Law
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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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"Opening shot" in negotiations: when does "without prejudice" protection apply?
In Rochester Resources Ltd & ors v Leonid Lebedev & anr [2014] EWHC 2185 (Comm), 2 July 2014, the High Court found that a draft set of Particulars (a Complaint), produced in advance of U.S. Litigat...
- When is 'Without Prejudice' not 'Without Prejudice'?
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High Court Determines Exceptions to ‘Without Prejudice’ Privilege in Recent Disputes
Two cases illustrate the narrow scope of application for exceptions to the without prejudice rule of legal privilege. Background - In two recent judgments, the High Court found exception to ...
- Employment Law: Without Prejudice?
- With Or Without Prejudice?
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English Law: Do You Take Yours With or Without? – Prejudice, that is...
The practice of placing the magic words “without prejudice and subject to contract” on every exchange during commercial negotiations can be thought a “belt and braces” or “no harm, no foul” approac...
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