With or without prejudice
The without prejudice rule was developed to protect litigants undertaking pre-action negotiations from having information disclosed at this stage used against them in court. But parties must ensure the rules do indeed apply to them, say David Parkin and Oliver Glynn-Jones
Prior to the introduction of the Civil Procedure Rules (CPR) in April 1999, a commercial litigator was not worth his fees unless he sent the most robust seven-day letter demanding payment on behalf of his client, threatening the prospective defendant with the service of proceedings without further notice should his demands not be met. The mere suggestion from a lawyer to his client that perhaps the parties should meet and explore the possibility of settlement could result in his retainer being terminated, with the client taking the view that he needed somebody tougher to act on his behalf.
This premium content is reserved for
Legal Week Subscribers.
A PREMIUM SUBSCRIPTION PROVIDES:
- Trusted insight, news and analysis from the UK and across the globe
- Connections to senior business lawyers within the leading law firms and legal departments
- Unique access to ALM's unrivalled, market-leading reporting in the US and Asia and cutting-edge research, including Legal Week's UK Top 50 and Global 100 rankings
- The Legal Week Daily News Alert, Editor's Highlights, and Breaking News digital newsletters and more, plus a choice of over 70 ALM newsletters
- Optimized access on all of your devices: desktop, tablet and mobile
- Complete access to the site's full archive of more than 56,000 articles
Already have an account? Sign In Now
For enterprise-wide or corporate enquiries, please contact Paul Reeves on Preeves@alm.com or call on +44 (0) 203 875 0651