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Privilege: Negotiation with prejudice
Clare Toomer considers the decision in Avonwick v Webinvest [2014] ‘Parties should be aware that while the express marking of documents as without prejudice remains a highly material factor in determining their status, it is not conclusive.’ It is often thought that heading a letter ‘without prejudice’ will protect it from being disclosed later in …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Avonwick Holdings Ltd v Webinvest Ltd & anor [2014] EWHC 3322 (Ch)
- Bradford & Bingley plc v Rashid [2006] UKHL 37
- Oceanbulk Shipping & Trading SA v TMT Asia Ltd & ors [2010] UKSC 44
- Rush & Tompkins Ltd v Greater London Council [1988] UKHL 7
- Unilever plc v The Procter & Gamble Company [1999] EWCA Civ 3027