header-logo header-logo

20 June 2019 / Tony Allen
Issue: 7845 / Categories: Features , Profession , ADR , Mediation
printer mail-detail

Privilege without prejudice

Mediators will be pleased to find judges taking the broad view of ‘without prejudice’ privilege, says Tony Allen

  • ‘Without prejudice’ privilege implications for mediation: Willers v Joyce and others, and Briggs v Clay and others

Mediators always reassure parties that what happens in a mediation remains inaccessible to a court—both if the claim does not settle, but also when it does. ‘Without prejudice’ (WP) privilege applies automatically to what transpires during mediations, as it does to any genuine settlement discussions. The privilege belongs to the parties only, and the mediator has no right to prevent parties from choosing to waive that. Some case law has suggested that contractual confidentiality created when a mediation agreement is signed also protects mediation exchanges from exposure in court (and anywhere else) and that the mediator too can invoke a remedy for breach besides the parties.

Recent cases in the Business and Property Courts have revisited the limits of WP protection. One—Willers v Joyce and others [2019] EWHC 937 (Ch)—looks specifically at the aftermath

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll