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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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