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26 June 2008 / Hamish Lal
Issue: 7327 / Categories: Features , Legal services , Procedure & practice , Profession
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The rules of the game

When are “negotiations” without prejudice? Hamish Lal reports

It is well understood that the “without prejudice” rule is underpinned by two things. First, by public policy encouraging parties to negotiate and settle their disputes out of court and second, by an express or implied agreement between the parties to the relevant negotiations. In Muller and Muller v Linsley and Mortimer (1996) 1 PNLR 74, (1994) The Times, 8 December Hoffmann LJ (as he then was) confirmed the above stating:


“[The without prejudice rule] has two justifications. First, the public policy of encouraging parties to negotiate and settle their disputes out of court and, secondly, an implied agreement arising out of what is commonly understood to be the consequences of offering or agreeing to negotiate without prejudice. In some cases both of these justifications are present; in others, only one or the other.”

Tangible Benefit

The tangible legal benefit to a party of negotiations being without prejudice is equally well understood: subject to certain exceptions, privilege attaches

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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