Koukash v Koukash – Can a Party Waive Privilege on Their Own WP Offer?
The heightened importance of negotiating openly and reasonably has led to parties seeking to unilaterally open up without prejudice offers, based on a misunderstanding of the distinction between without prejudice privilege and legal professional privilege. Both are common law rules and affect the admissibility of evidence. However they otherwise have nothing to do with one another.
- Waiver of Privilege