Privilege/without prejudice

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Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...
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9th Nov
Practice notes
Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...
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9th Nov
Practice notes
Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...
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9th Nov
Precedents
[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Jan
Practice notes
This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...
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9th Nov
Practice notes
This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for public access to documents. For guidance, see:...
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9th Nov
Practice notes
This Practice Note provides guidance on claiming interest on judgment debts. For information on claiming interest when issuing a claim, see Practice...
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9th Nov
Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
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9th Nov
Practice notes
What is an interim costs certificate?An interim certificate is a certificate ordered by the court at any time after the receiving party has filed a...
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9th Nov
Practice notes
This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...
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9th Nov
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
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9th Nov

Most recent Privilege/without prejudice content

Q&As
Although this is a question about privilege, privilege is a subset of confidentiality and this response addresses the wider issues. It assumes that...
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Produced in partnership with Sarah Mumford of Sarah Mumford 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Eric Metcalf of Monckton Chambers and Carolina Bracken of 5 Paper Buildings 9th Apr
Precedents
Dear [insert organisation name]We write in response to your letter of [insert date] concerning documents you sent to us on [insert date], which you...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Precedents
Dear [insert organisation name]We write to inform you that [we OR our client] inadvertently sent you privileged material by way of [our letter and...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Precedents
Filed on behalf of the [claimant OR defendant]Witness statement of [insert initial and surname of witness]Number of witness statement: [insert number...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Precedents
IN THE [COURT]Claim no.: [insert claim number]BETWEEN[Insert claimant’s name]        ClaimantAND[Insert defendant’s...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Precedents
[DETAILS OF DEPONENT ETC.]IN THE [COURT]Claim no.: [insert claim...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Precedents
This precedent draft memo should be read (and potentially be sent) with the relevant precedent draft letter to your client about disclosure:•Draft...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Practice notes
The Freedom of Information Act 2000 (FIA 2000) confers a general right of public access to information that is held by public authorities which...
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Produced in partnership with Chris Alderson of Hempsons 8th Apr
Practice notes
This Practice Note looks at privilege and confidential information in the context of a client-solicitor relationship where that solicitor-client...
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8th Apr
Practice notes
When dealing with litigation in various different jurisdictions, the Getting The Deal Through Guide (GTDT) titled: legal privilege and professional...
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8th Apr
Practice notes
This Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP) and in particular considers the...
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8th Apr
Practice notes
This Practice Note should be read in conjunction with Practice Note: Closed Material Procedure.What is public interest immunity (PII)?A party may...
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8th Apr
Practice notes
This Practice Note explains the without prejudice rule (WP rule) which affects the admissibility of evidence relating to genuine settlement...
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8th Apr
Practice notes
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...
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8th Apr
Practice notes
This Practice Note considers legal professional privilege (LPP), which is made up of legal advice privilege and litigation privilege. It considers the...
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8th Apr
Practice notes
This Practice Note considers the Closed Material Procedure (CMP) which allows the state to disclose sensitive material to the judge without having to...
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7th Apr
Practice notes
This Practice Note provides guidance on what, if any, collateral or subsequent use can be made of documents disclosed during the course of civil...
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6th Apr
Practice notes
This Practice Note addresses some issues to consider where you have documents in a foreign language which are potentially relevant to the dispute and...
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29th Mar

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