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Webinar Without Prejudice, Not Without Limits - On-Demand Webinar


"Without prejudice" communications are an essential element in the resolution of every dispute in encouraging candour. But what are the limitations? Beware of always thinking that your emails and letters to an opponent will be protected by use of this well-known label.

This webinar will consider the requirements for and the problem aspects of "without prejudice" including:

  • The two bases for allowing “without prejudice” protection
• The need for a dispute to exist (Avonwick v Webinvest considered)
  • Protection for 'opening shots' in negotiations
  • Avoidance of attempts at ‘salami-slicing’ the discussion
  • The broader view taken where litigants in person are involved (Mrs Suh’s case)
  • The eight exceptions to admissibility identified in Oceanbulk Shipping v TMT Asia (including the one the case created)
  • Use of without prejudice documents in connected later cases
  • Shooting yourself in the foot
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