High Court confirms ‘without prejudice’ correspondence not admissible when considering costs issues

High Court confirms ‘without prejudice’ correspondence not admissible when considering costs issues

The recent Chancery Division case of Vestergaard v Bestnet [2014] EWHC 4047 (Ch), [2015] All ER (D) 41 (Jan) confirmed the established principle that 'without prejudice' correspondence is not admissible when considering costs issues, upholding an application to strike out parts of a witness statement filed in support of costs proceedings, which referred to 'without prejudice' communications, on the grounds that the communications were protected by 'without prejudice' privilege which had not been waived.

The judgment also confirms that, once a par

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