Without Prejudice Communications in UK Law

Leading Cases
  • Unilever Plc v Procter and Gamble Company
    • Court of Appeal (Civil Division)
    • 28 Octubre 1999

    That is particularly true where the 'without prejudice' communications in question consist not of letters or other written documents but of wide-ranging unscripted discussions during a meeting which may have lasted several hours.

    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)

  • Admiral Management Services Ltd v Para-Protect Europe Ltd and Others
    • Chancery Division
    • 04 Marzo 2002

    Similarly, in the case of a settlement made in without prejudice correspondence, the correspondence, although privileged when sent and received, is admissible in the event of a dispute as to the terms and meaning of the settlement, on the same basis that any correspondence in which a contract is made is admissible.

  • Rush & Tompkins Ltd v Greater London Council
    • House of Lords
    • 03 Noviembre 1988

    The rule applies to exclude all negotiations genuinely aimed at settlement whether oral or in writing from being given in evidence.

  • Savings & Investment Bank Ltd ((in Liquidation)) v Fincken (No 2)
    • Court of Appeal (Civil Division)
    • 14 Noviembre 2003

    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.

  • Ofulue and Another v Bossert
    • House of Lords
    • 11 Marzo 2009

    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.

  • Bradford & Bingley Plc v Rashid
    • House of Lords
    • 12 Julio 2006

    In my opinion the without prejudice rule has no application to apparently open communications, such as those here, designed only to discuss the repayment of an admitted liability rather than to negotiate and compromise a disputed liability. I find it impossible to regard the correspondence here as constituting "negotiations genuinely aimed at settlement" (Lord Griffiths in Rush & Tompkins v GLC) or "an attempt to compromise actual or impending litigation" (Megarry V-C in the Lindt case).

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Legislation
  • Air Weapons and Licensing (Scotland) Act 2015
    • Scotland
    • 1 de Enero de 2015
    ......, purchase or acquire an air weapon without holding an air weapon certificate. . (2) A ... S-62 . Form etc. of communications under the 2005 Act 62 Form etc. of ... . "(3A) Without prejudice to paragraph 5 of Schedule 1, the grant of a ......
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... about the interception of communications, equipment interference and the acquisition and ... D is that the interception is carried out without lawful authority. . (6) For the meaning of ... that the error has caused significant prejudice or harm to the person concerned. . (3) ......
  • The Privacy and Electronic Communications (EC Directive) Regulations 2003
    • UK Non-devolved
    • 1 de Enero de 2003
    ....... (4) Any reference in these Regulations to a line shall, without prejudice to paragraph (3), be construed as including a reference to ......
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... for the regulations to come into force without delay. Specific processing situations Specific ... Service;(c) the Government Communications Headquarters; . “statutory function” means a .... (10) This section is without prejudice to other functions conferred on the Commissioner, ......
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Books & Journal Articles
  • Without Prejudice Interpretation—With Prejudice Negotiations: Oceanbulk Shipping and Trading SA v TMT Asia Ltd
    • Núm. 15-3, Julio 2011
    • International Journal of Evidence & Proof, The
    ......To avoid the ephemeral nature of the spoken word, the uncertainty of oral communications, people write down their agreements so that their rights and duties would be governed by the written word. The written word encapsulates what was ......
  • CONFIDENTIALITY IN MEDIATION OF MATRIMONIAL DISPUTES
    • Núm. 51-4, Julio 1988
    • The Modern Law Review
    ...... able to resolve future differences without the intervention of a mediator or ..., rather than the “without prejudice” privilege.6 In the United States the ... substance, their intention that communications are to be “without prejudice” ......
  • Noticeboard
    • Núm. 10-4, Julio 2006
    • International Journal of Evidence & Proof, The
    ...... that reasons why the witness might be prejudiced, hostile or unreliable might not come to light ...at [73]). Without prejudice privilege—United Kingdom Without ... privilege renders inadmis - sible communications made during negotiations to compromise a claim. ......
  • Book Review: Computer Crimes and Digital Investigations
    • Núm. 72-1, Febrero 2008
    • Journal of Criminal Law, The
    ......, pornography and communications crimes.Then there are computer integrity offences ... intercepting communications without lawful authorityand using public and private ... would constitute a real risk of serious prejudice to an important publicinterest’, the ......
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Law Firm Commentaries
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