- Without prejudice communications—The exclusionary rule, exceptions and waiver of privilege (Briggs and others v Clay and others)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The court examined the policy underlining without prejudice privilege, and the circumstances in which implied waiver, or an exception to the rule excluding such communications from evidence, may arise. In declaring the content (but not the fact) of certain without prejudice communications to be inadmissible, the case is a timely reminder of the scrutiny with which courts will approach attempts to displace the privilege. Written by Danielle Carr, Senior Associate at SCA ONTIER LLP.
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