The recent WikiLeaks controversy shows that you should never assume that matters discussed in private will remain so. Equally, parties to litigation are encouraged to speak freely on a “without prejudice” basis without fear that statements or offers made in the course of negotiations will be brought before the court. However, there are several exceptions to the without prejudice rule, and a recent judgment of the UK Supreme Court has just made the list a little longer. Please read our briefing.

For further information please contact David Cadin
or Edward Drummond.