Without prejudice rule: High Court emphasises narrow scope of exceptions

High Court finds “without prejudice” statements contained in mediation paper were admissible to defend against allegation of fraud

Court of Appeal rejects claim to without prejudice or litigation privilege in communications incorporated into settlement agreement

A recent Court of Appeal decision has highlighted the need to exercise caution when referring to privileged material in settlement agreements. The court …

Article published – Discussing settlement options: minding the gap between litigation privilege and the without prejudice rule

Article published – ADR reform: one size does not fit all

On 6 March, the Civil Justice Council held a workshop to discuss the recommendations made in its interim report on ADR, which was subject to …

Settlement offer conveyed through a mediator found not to be protected by without prejudice privilege due to 'unambiguous impropriety'

The Court of Appeal has recently applied the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege, to find that a …