United Kingdom: New exception to the Without Prejudice Rule

more+
less-

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.

Published In: Business Organization Updates, Civil Procedure Updates, Civil Remedies Updates, General Business Updates

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

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »