Q&As

How do you waive privilege in a ‘without prejudice’ letter that your client has made?

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Published on LexisPSL on 08/06/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • How do you waive privilege in a ‘without prejudice’ letter that your client has made?

The ‘without prejudice’ rule generally prevents statements made in a genuine attempt to settle an existing dispute from being put before the court; for example, as evidence of admissions by one party in respect of a claim being made against them. Statements can be made in writing or orally. Moreover, there is no requirement for statements to be made by a lawyer as opposed to a lay client.

Underpinning the ‘without prejudice’ rule is the public policy of encouraging parties (or potential parties) to litigation to settle their disputes out of court, with the rationale being that settlement is facilitated if parties can speak freely in the knowledge that anything said in ‘without prejudice’ communications may not be referre

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