header-logo header-logo

An unfair advantage?

Chris Bryden and Michael Salter warn against tampering with the “without prejudice” rule

It is a well-established doctrine that, subject to certain exceptions, written or oral communications made in a genuine attempt to compromise a dispute between the parties cannot be admitted in evidence. The “without prejudice” rule is a clear example of public policy, as the promotion of the settlement of disputes without recourse to litigation is a central aim in our legal system. It enshrines the principle that parties are able to negotiate openly without fear of being attacked by having their words quoted back at them in open court.

In the recent case of Brodie v Nicola Ward (t/a First Steps Nursery) [2008] All ER (D) 115 (Feb), UKEAT/0526/07, an employee attempted to overturn a ruling by the employment tribunal that a letter sent to her by solicitors acting for her employer was subject to the rule and therefore inadmissible. She argued that the letter amounted to a “last straw” that had caused her to resign and

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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll