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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll