High Court allows evidence of ‘without prejudice’ exchanges to aid interpretation
OUT-LAW: Evidence of negotiations that were conducted on a ‘without prejudice’ basis can be admitted in court proceedings to aid the interpretation of a settlement agreement, a High Court judge has ruled.
When parties attempt to settle a dispute they can do so on a ‘without prejudice’ basis, which means that any admissions they make generally cannot be brought up in court.
The rule was created to encourage the resolution of disputes without court action. Communication can be explicitly labelled ‘without prejudice’ or can qualify automatically as long as it is part of a genuine attempt at compromise.
The rule does not always prevent the admission of evidence of what was said in without prejudice exchanges. Evidence of without prejudice negotiations may be admissible where fraud or misrepresentation was the basis of an agreement, for example.
OUT-LAW: Evidence of negotiations that were conducted on a ‘without prejudice’ basis can be admitted in court proceedings to aid the interpretation of a settlement agreement, a High Court judge has ruled.
High Court allows evidence of ‘without prejudice’ exchanges to aid interpretation
When parties attempt to settle a dispute they can do so on a ‘without prejudice’ basis, which means that any admissions they make generally cannot be brought up in court.
The rule was created to encourage the resolution of disputes without court action. Communication can be explicitly labelled ‘without prejudice’ or can qualify automatically as long as it is part of a genuine attempt at compromise.
The rule does not always prevent the admission of evidence of what was said in without prejudice exchanges. Evidence of without prejudice negotiations may be admissible where fraud or misrepresentation was the basis of an agreement, for example.
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