Without Prejudice

The Fact a Without Prejudice Offer Has Been Made: Admissible or Privileged from Disclosure?

The Fact a Without Prejudice Offer Has Been Made: Admissible or Privileged from Disclosure?

It is trite law to state that the contents of without prejudice negotiations cannot be referred to openly. But what about the fact that such negotiations have taken place? Perhaps surprisingly this question does not have a straightforward answer.

The Changing Limits of the Without Prejudice Doctrine (in the Light of the Shift in FPR Part 3)

The Changing Limits of the Without Prejudice Doctrine (in the Light of the Shift in FPR Part 3)

In this article James Pirrie and Victoria Nottage explore the intersection between the without prejudice doctrine as it applies to mediation and the inquisitorial responsibilities of the court as bolstered by the new protocols. The changes to the Family Procedure Rules introduced in April last year, concerning the interaction between

Things lawyers believe they know, but sometimes don’t – the ‘without prejudice rule’

Things lawyers believe they know, but sometimes don’t – the ‘without prejudice rule’

Introduction Recent experience in practice shows that there remains at times some real misunderstanding within the profession as to when before the court it is permissible to refer to a ‘without prejudice’ offer made between parties and when it is not. The ‘without prejudice rule’ Obviously, when an offer is