United Kingdom: New exception to the Without Prejudice Rule


The without prejudice rule provides that negotiations between parties to settle a dispute held on a without prejudice basis cannot be referred to in subsequent legal proceedings. The purpose of the rule is to encourage parties to settle their dispute without legal proceedings by allowing them to negotiate freely and frankly, without the fear that any admissions or offers made in those negotiations will be held against them in subsequent legal proceedings.

The Supreme Court in England and Wales has now created a new exception to the rule, allowing without prejudice negotiations to be admitted as evidence in respect of disputes between the parties as to the interpretation of any agreement entered into by them and arising out of the without prejudice negotiations.

The "Interpretation Exception" is of importance to UK practitioners and legal counsel alike.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Druces LLP, Druces LLP | Attorney Advertising

Written by:


Druces LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.