Q&As

If without prejudice documentation is relied upon as part of an interim payment hearing is legal privileged waived?

Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 01 August 2024

Without prejudice privilege applies to communications between parties where there is a real issue in dispute between them and the communication is or is part of a genuine attempt to negotiate a resolution. Simply heading a letter as being 'without prejudice' will not suffice in the event that these criteria do not apply; conversely where they do and the sense of the communication is that it is intended to be privileged, failing so to head it will not necessary mean that the privilege does not attach.

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Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).