Without Prejudice Correspondence in UK Law

Leading Cases
  • 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.

    I regard this as an exceptional case and it should not be allowed to whittle down the protection given to the parties to speak freely about all issues in the litigation both factual and legal when seeking compromise and, for the purpose of establishing a basis of compromise, admitting certain facts.

  • Oliver Alfred Sidney Cutts (Appellant (Plaintiff) v Albert Head and Another (Respondents
    • Court of Appeal (Civil Division)
    • 07 Dic 1983

    It is that parties should be encouraged so far as possible to settle their disputes without resort to litigation and should not be discouraged by the knowledge that anything that is said in the course of such negotiations (and that includes, of course, as much the failure to reply to an offer as an actual reply) may be used to their prejudice in the course of the proceedings.

  • Family Housing Association (Manchester) Ltd v Michael Hyde and Partners
    • Court of Appeal (Civil Division)
    • 15 Dic 1992

    In reaching my conclusion it seems to me important to stress at the outset that I can find nothing in any of the reported authorities which excluded the use of without prejudice correspondence in applications of the present kind. Those authorities are concerned with the use of such correspondence at a trial or during its aftermath, and do not in my judgment extend to an application of the present kind, which essentially determines whether or not there should be a trial at all.

    The main considerations of public policy in favour of the general rule excluding the reference to without prejudice correspondence, on which Mr. Grime so strongly relies, seem to me to have little or no application in the present context, seeing that I do not think the parties' willingness to talk frankly about the strengths and weaknesses of their case, and to make provisional offers or admissions for the purposes of negotiation only, will be to any significant extent inhibited by the knowledge that the negotiations may be referred to in this very narrow field, not for the purpose of showing that such provisional offers or admissions were made, but solely for the purpose of explaining delay and the conduct of the parties at any relevant period.

  • 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.

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

    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)

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Legislation
  • Detention Centre Rules 2001
    • UK Non-devolved
    • 1 de Enero de 2001
    ....... (2) The compact shall in no way prejudice any other rights or responsibilities of detained ... be required to have his or her hair cut without consent. S-17 . Regime and paid activity Regime ...S-27 . Correspondence Correspondence . 27. —(1) Every detained ......
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... regulations that may be made may include, without prejudice to the generality of paragraph (1), ... considered by company members by correspondence . 1.26. A return or report of a matter, ......
  • Prison Rules 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ...... send the report to the Secretary of State without delay, together with his own recommendations. . .... (2) Without prejudice to the generality of paragraph (1), the Secretary ...S-39 . Correspondence with legal advisers and courts Correspondence ......
  • Freedom of Information Act 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ......correspondence, and. . . (c) describes the information ... model scheme relates adopts such a scheme without. modification, no further approval of the ...this Act would, or would be likely to, prejudice— . . (a) the defence of the British Islands or ......
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Books & Journal Articles
  • Civil Procedure and the Lawyers—The Adversary System and the Decline of the Orality Principle
    • Núm. 56-3, Mayo 1993
    • The Modern Law Review
    ...... to bargain for settlement, within or without the available court procedures, and to ... which is accorded to ‘without prejudice’ negotiations and correspondence between ......
  • Correspondence
    • Núm. 5-9, Mayo 1947
    • Probation Journal
    ...... with a view to ensuring that such attempts shall not prejudice the original legal rights of the parties concerned (e.g. ... of the risks to the parties concerned of giving advice without adequate training and legal knowledge. ( 10) That no order ......
  • Pre-Trial Publicity
    • Núm. 18-1, Enero 1954
    • Journal of Criminal Law, The
    ...... of which appears to him to prejudice the trial of the accused. In one sense, this ...the correspondence in The Times during December, 1952). It ...Levy (E.B. & E. 537, 539)). Without, however, pausing to enquire whether the ......
  • Notes for Contributors
    • Núm. 7-1, Abril 1987
    • Politics
    ...... contributions will be con- sidered without prejudice to the area of politid science ... All other correspondence and articles submitted (three copies ......
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Law Firm Commentaries
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