The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
This Practice Note explains the without prejudice rule which affects the admissibility of evidence relating to genuine settlement negotiations and describes what makes oral or written communications fall within, and outside, this principle of privilege. It looks at whether pre-action communications can be without prejudice, the relevance of expressly labelling communications as without prejudice and the position on chains of communications. There are exceptions to the general rule which result in WP communications becoming admissible, such as in relation to extracts which are being used to ‘cherry pick’ communications and these exceptions are explained with examples along with the concept of waiver of without prejudice. Without prejudice communications arising in relation to dome
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