Without Prejudice Communications in UK Law

  • 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
    ... ... 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 and Liability
    • Contents
    • Advising and Representing Clients at Mediation - 2nd Edition
    • Stephen Walker/David Smith
    • 65-78
    ... ... 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 ... ...
  • Noticeboard
    • No. 10-4, July 2006
    • International Journal of Evidence & Proof, The
    ... ... at [73]).Without prejudice privilege—United KingdomWithout ... privilege renders inadmis-sible communications made during negotiations to compromise a claim ... ...
  • 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
    • 213-228
    ... ... 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 ... ...
  • Private communication between lawyers as evidence in a judicial process: A comparative journey 1
    • No. 26-1, January 2022
    • International Journal of Evidence & Proof, The
    In professional negotiations between lawyers, it is usual to share information, data and documents that could be protected with legal privilege. This paper analyses, from a comparative perspective,...
    ... ... in comparative law, private communications between lawyers, settlement agreement and con fi ... to respond directly to their clients without the need to be physically at the of fi ce. Also, ... : 810 – 873); and regarding without prejudice communications, see Zuckerman (2013: 874 – ... ...
  • Index
    • Construction Law. Volume I - Third Edition
    • Julian Bailey
    • 969-1042
    ... ... 9.128 serious, II.9.38–II.9.41 communications with contract administrator, I.5.38 ... design responsibility, I.3.112–I.3.114 without design responsibility, I.3.115 duty of care owed ... , iii.16.30–iii.16.31 “without prejudicecommunications, iii.26.102 drawings ... ...
  • Index
    • Construction Law. Volume II - Third Edition
    • Julian Bailey
    • 951-1024
    ... ... 9.128 serious, ii.9.38–ii.9.41 communications with contract administrator, i.5.38 ... design responsibility, i.3.112–i.3.114 without design responsibility, i.3.115 duty of care owed ... , iii.16.30–iii.16.31 “without prejudicecommunications, iii.26.102 drawings ... ...
  • Index
    • Construction Law. Volume III - Third Edition
    • Julian Bailey
    • 979-1052
    ... ... 9.128 serious, II.9.38–II.9.41 communications with contract administrator, I.5.38 ... design responsibility, I.3.112–I.3.114 without design responsibility, I.3.115 duty of care owed ... , III.16.30–III.16.31 “without prejudicecommunications, III.26.102 drawings ... ...
  • Litigation
    • Construction Law. Volume III - Third Edition
    • Julian Bailey
    • 2119-2304
    ... ... of the parties’ rights and obligations, without actually ordering that a thing be done or not ... 88 Orange Personal Communications Services Ltd v Hoare Lea [2008] EWHC 223 (TCC) ... that the amendment will not result in prejudice or injustice to the other party which cannot ... ...
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