Without Prejudice Communications in UK Law

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

    Without in any way underestimating the need for proper analysis of the rule, I have no doubt that busy practitioners are acting prudently in making the general working assumption that the rule, if not "sacred" ( Hoghton v Hoghton (1852) 15 Beav. 278, 321), has a wide and compelling effect.

    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 Mar 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 Nov 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 Nov 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 Mar 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 Jul 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
  • Prison Rules 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ...... . . 33. . Library . . . COMMUNICATIONS . . . 34. . Communications generally . . . ...State without delay, together with his own recommendations. . .... (2) Without prejudice to the generality of paragraph (1), the Secretary ......
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... A refund under this section must be given without undue delay, and in any event within 14 days ... . (3) Without prejudice to subsection (1), any information provided by ... (1) In section 120(3) of the Communications Act 2003 (conditions under section 120 must ......
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... may approve a strategy either with or without modifications (but a modification may not relate ... . . (c) might prejudice the investigation or prosecution of an offence ... . . (c) the Government Communications Headquarters. . (9) The relevant Minister may ......
  • 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 ......
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Books & Journal Articles
  • 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” ......
  • Recognition of Religious Advisor Privilege in Canada's Supreme Court
    • Núm. 56-2, Marzo 1993
    • The Modern Law Review
    ...... Without that information the court’s function may ... public interest and settlement communications.6 Lamer CJ, on the other hand, was not ... a person should not suffer temporal prejudice because of what is uttered under the ......
  • The Harare Scheme on Mutual Assistance in Criminal Matters: Possible Amendments to the Scheme and Discussion of Interception of Communications and Related Matters
    • Criminal Law Issues
    • Memoranda
    • Commonwealth Secretariat
    • 151-175
    Introduction and terms of reference. Possible amendments to the harare scheme on mutual assistance. Preservation of Computer Data. Possible action. Interception of communications. Possible action. ...
    ...... to the laws and/or constitution of that country, or would prejudice the security, international relations, or other essential public interests ... any matter other than the criminal matter specified in the request without the prior consent of the Central Authority of the requested country . . ......
  • Serious Fraud Office Report
    • Núm. 4-3, Enero 1997
    • Journal of Financial Crime
    • 232-234
    The Serious Fraud Office (SFO) has received a larger number of cases for the third consecutive year. This perhaps reflects the increasingly common affliction of fraud in England. 1995–96 has provid...
    ...... y ou t thei r interview s withou t prejudice . Althoug h i t wa s foun d tha t th e TW ......
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Law Firm Commentaries
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