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29 November 2007 / Anne-sophie Julienne
Issue: 7299 / Categories: Features
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Settled out of court

Does negligent misrepresentation trigger the lifting of the protection afforded by the without prejudice rule? asks Anne-Sophie Julienne

In recent years, English courts have shown increasing support to the without prejudice rule and the settlement of disputes outside of the court. The without prejudice rule renders inadmissible in subsequent litigation admissions contained in communications which are genuinely aimed at settlement. The rule is founded partly upon the need to give effect to the intention of the parties, ie their mutual intention to compromise, and partly upon public policy that parties should not be discouraged from negotiations by the fear that things said or done in the course of written or oral negotiations could be used to their prejudice in the course of proceedings.

PROTECTION NOT ABSOLUTE

Although the protection afforded by the without prejudice rule is not absolute, the courts have taken a restrictive view of the circumstances in which it will be departed from. Save on very rare occasions, it is the fact of the negotiations, rather than their content, which is of

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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