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When is Without Prejudice really Without Prejudice?

Editors PickWhen is Without Prejudice really Without Prejudice?

By Suliat Jimoh, Paralegal at Winckworth Sherwood
 The recent cases of Scheldebouw v Evanson [2022] and Meaker v Cyxtera Tech UK Ltd [2023] have served as reminders of how the courts determine the application of without prejudice privilege - particularly in certain communications regarding the termination of employment. There are various criteria which must be met, however, often it is not as straightforward as one might expect…
Here is a quick reminder of the without prejudice rules to ensure that you do not fall foul of being able to rely on this useful privilege….
What is without prejudice privilege?
 Without prejudice privilege typically covers communications made in writing or verbally, excluding them as evidence of admissions against the interest of the party which made them being pu...

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