Rush & Tompkins Ltd v Greater London Council [1988] UKHL 7 – Law Journals

The ‘without prejudice‘ rule: A sacred right?

The Royal Court of Guernsey has dismissed an application to admit privileged communications. Joseph de Lacey discusses ‘In order to test the decision-making process, D applied for disclosure of documents evidencing the decision and the decision-making process, permission to adduce expert evidence as to the trusts‘ value, and permission to cross-examine the trustees.‘ The Royal …

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Charities And Litigation: Be prepared

Michael Colledge and Chris Rowse advise charity trustees on best practice when faced with litigation ‘Charity trustees must act in the best interests of their charity, protect and secure its assets, and ensure that charity funds are expended in furtherance of the charity’s aims, principles that must guide any decision as to whether to engage …

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Privilege: Negotiation with prejudice

Clare Toomer considers the decision in Avonwick v Webinvest [2014] ‘Parties should be aware that while the express marking of documents as without prejudice remains a highly material factor in determining their status, it is not conclusive.’ It is often thought that heading a letter ‘without prejudice’ will protect it from being disclosed later in …

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Marital Agreements: No second chances?

In the conclusion to a two-part analysis Che Meakins looks at Xydhias agreements and the procedure to be adopted on a notice to show cause ‘The only way of rendering an agreement enforceable is to convert the concluded agreement into an order of the court. In this respect, the court’s role is not simply to …

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In Practice: Always a privilege?

Helen Cort examines the nature of without prejudice communications, competing public interests and privilege in ADR It appears that while mediation involving children matters does attract special protection, there is not a blanket exemption covering all mediation. Family lawyers will be familiar with without prejudice communications, but how often is a query raised as to …

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