On 24 June 2024, partner Elaina Bailes and senior associate Natalie Osafo (both of our Commercial Litigation team) presented a webinar for LexisNexis on the without prejudice rule and its difficulties in practice.
This webinar considers the key principles of without prejudice privilege and some of the main relevant exceptions, as well as ‘difficult areas’ in practice, considering recent cases and developments that have considered key related questions. Elaina and Natalie concluded the session with a summary of takeaways and practical tips for practitioners.
Aimed at professionals of any seniority whose work involves settlement negotiations and commercial disputes, this webinar will provide practical lessons and the latest caselaw updates. It has also been designed to help solicitors meet requirements A2 (Maintain competence and legal knowledge) and A4 (Draw on detailed knowledge/understanding) of the SRA’s Statement of Solicitor Competence.
This session is available to LexisNexis University subscribers and as a one-off purchase here; view a free preview of the training below.
Training summary: key points for practitioners
The without prejudice (WP) rule prevents statements made in a genuine attempt to settle a dispute from being put before the court as evidence of admissions. Its aim is to encourage parties to settle their dispute, without fear that information revealed during the settlement process might later be used ‘against’ them.
In this webinar, Elaina and Natalie explained the key principles of WP, some of the main exceptions relied upon and when and how parties might waive WP privilege. They also considered recent cases addressing additional questions including:
- When can you rely on a WP exception?
- Was there a sufficient dispute at the time of the WP communication?
- How should you conduct WP discussions with unrepresented parties?
- What happens if a party discloses WP communications in proceedings?
The webinar concluded with a roundup of practical tips based on the Courts’ current attitudes towards WP.
You can find further information regarding our expertise, experience and team on our Commercial Litigation page.
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