House of Lords restates law of negotiation (or ‘without prejudice’) privilege

I reckon Dr Desiatnik is unlucky with the timing of his texts.  The first edition of Legal Professional Privilege in Australia was finished when the High Court changed the test for the privilege from a sole purpose to dominant purpose and restated the law of implied waiver.  I have always shuddered about the story one of my law lecturers recounted of a Canadian academic who devoted a decade to a text on death taxes only to see the parliament abolish them on the eve of the launch.  I hope the story is apocryphal.  This time around, Dr Desiatnik — a lovely man with a quirkily old fashioned text writing style — has finished a whole book devoted to negotiation privilege, which is about to be published, and the House of Lords has come along and put out a major judgment on the subject.  Fortunately, Ofolue v Bossert [2009] UKHL 16 does not seem to revolutionise the law. Here is The Times‘s account of the decision.

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