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PRIVILEGE: Honest offers

01 April 2016  

Gwendoline Davies explains without prejudice privilege and highlights traps and tips for parties to any dispute or negotiation

If a communication between negotiating parties has without prejudice privilege, it will not be admissible in court and therefore cannot be adduced as evidence against the interest of the party that made it. The rationale behind this form of legal privilege is that it is in the public interest that disputing parties should be able to negotiate freely, without fear of future prejudice in court, with a view to settling their disputes wherever possible.

Additional Info

  • Case(s) Referenced:

    Cammack v Ashby & ors (2016) unreported, Court of Appeal, 1 March

    Property Alliance Group Ltd v The Royal Bank of Scotland plc [2015] EWHC 1557 (Ch)

    Suh & anor v Mace (UK) Ltd [2016] EWCA Civ 4