Without Prejudice Communications in UK Law

Leading Cases
  • Unilever Plc v Procter and Gamble Company
    • Court of Appeal (Civil Division)
    • 28 October 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 March 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 November 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 November 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 March 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 July 2006

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Legislation
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • Thursday January 01, 2015
    ... ... while unlawfully at large fails, without reasonable excuse, to take all necessary steps to ... In section 1 of the Malicious Communications Act 1988 (offence of sending letters ... or presents a serious and grave risk of prejudice to that objective, and ... ...
  • Coronavirus (Scotland) (No.2) Act 2020
    • Scotland
    • Wednesday January 01, 2020
    ... ... Without prejudice to section 6 of the Interpretation and ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • Wednesday January 01, 2014
    ... ... 6: Applications without notice ... Powers Act 2000) to provide communications data (within the meaning of that Chapter) ... or presents a serious and grave risk of prejudice to that objective, and ... ...
  • Housing (Scotland) Act 2014
    • Scotland
    • Wednesday January 01, 2014
    ... ... , to consent to the application (with or without such conditions as the Tribunal may specify) ... 187 of the 2006 Act (formal communications), in subsection (3)(b), for “the recorded ... This section is without prejudice to any entitlement to recover sums in accordance ... ...
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Books & Journal Articles
  • Confidentiality and Liability
    • Contents
    • Advising and Representing Clients at Mediation - 2nd Edition
    • Stephen Walker/David Smith
    • 45-58
    ... ... the link between mediation and the ‘without prejudice’ rule. Its use is both a strength and ... , if in the without prejudice communications they agree to settle the dispute by Albert paying ... ...
  • Without Prejudice Interpretation—With Prejudice Negotiations: Oceanbulk Shipping and Trading SA v TMT Asia Ltd
    • No. 15-3, July 2011
    • International Journal of Evidence & Proof, The
    • 0000
    ... ... To avoid the ephemeral nature of the spoken word, the uncertainty oforal communications, people write down their agreements so that their rightsand duties would be governed by the written word. The written word encapsulateswhat was ... ...
  • CONFIDENTIALITY IN MEDIATION OF MATRIMONIAL DISPUTES
    • No. 51-4, July 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” ... ...
  • Mediation and Settlement of Small Claims Cases
    • Part 2. Mediation and settlement
    • Small Claims Procedure in the County Court A Practical Guide - Seventh edition
    • Patricia Pearl/Tim Parker
    • 151-165
    ... ... The discussions are without prejudice2and remain confidential unless or until ... 7.9.2 ‘Without prejudice’ discussions ... Attempts to settle a dispute ... prejudice’ label is omitted, communications made in a genuine attempt to settle will normally ... ...
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Law Firm Commentaries
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Forms
  • Form T379
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... If this section is completed all communications regarding this application will be sent or ... b) This application is made without the consent of the following interest holders: ... applicant under this heading is without prejudice to contentions the applicant may ... later ... ...
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