Without prejudice correspondence protected by privilege in costs proceedings (Vestergaard v Bestnet)

Table of contents

• Practical implications
• Facts
• The judgment
• Application of without prejudice privilege to responses to offers
• Waiver of without prejudice privilege
• Court details

Article summary

Dispute Resolution analysis: the Chancery Division has upheld an application to strike out parts of a witness statement filed in support of costs proceedings, which referred to ‘without prejudice’ communications, on the grounds that the communications were protected by ‘without prejudice’ privilege which had not been waived.