William Binchy
BL
The “Without Prejudice” Rule: Dispelling Some Myths Webinar
Chaired by William Binchy, B.L., with Jaime Flattery and Barry Walsh of McCann Fitzgerald
75
Online / On-demand
1.5 General CPD hours
About this course
“Without prejudice” is not a label which can be used indiscriminately so as to immunise an act from its normal legal consequences. Although the term is frequently used, it is commonly misunderstood.
This seminar will clarify its meaning and effect. It will sharpen your awareness of when the protection might or might not apply. It will also examine the exceptions to the rule and provide you with an insight into when the veil of “without prejudice” can be pierced by the courts. The seminar is imperative for all litigation practitioners.
Course Syllabus
The questions to be addressed include the following:
- Is the fact that a communication concerns a dispute sufficient to confer protection?
- What is the status of “confidential “or “off the record “communications?
- Can without prejudice privilege apply before proceedings are commenced?
- What is the position if a practitioner omits to mark a letter “without prejudice” but the letter is a genuine attempt to resolve a dispute?
- What is the distinction between “without prejudice” and “without prejudice save as to costs”?
- Can the “without prejudice” rule protect communications from disclosure by other parties to the same litigation?
- Are such communications immune from admissibility in any subsequent litigation?
- In what circumstances might “without prejudice” protection be waived inadvertently?
- Are “without prejudice” communications protected if there is a dispute concerning the terms or existence of a settlement?
- The position in relation to misrepresentation and impropriety
- Practical tips and pitfalls to avoid.
