header-logo header-logo

Settled out of court

29 November 2007 / Anne-sophie Julienne
Issue: 7299 / Categories: Features
printer mail-detail

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll