Stephen Warne on professional negligence, regulation and discipline around the world

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Entries Tagged as 'Negotiation privilege'

England recognises new exception to without prejudice privilege

November 14th, 2010 · No Comments

Herbert Smith’s e-bulletin commences: ‘Supreme Court confirms new exception to the ‘without prejudice’ rule In its judgment handed down on 27 October 2010 in Oceanbulk Trading & Shipping SA v TMT Asia [2010] UKSC 44, the Supreme Court added a new exception to the ‘without prejudice’ rule. It held that facts communicated between parties in […]

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Tags: Evidence · Negotiation privilege

Evidence of offers at mediation admitted into evidence

November 14th, 2010 · No Comments

Simply Irresistable Pty Ltd v Couper [2010] VSC 505 is a ruling in a solicitor’s negligence case decided under the Evidence Act, 2008 about an objection to the adduction of evidence as to offers made in a previous proceeding. A company is suing its former lawyers for negligence in the Supreme Court at the moment.  […]

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Tags: Evidence · Negotiation privilege

Without prejudice privilege and the Evidence Act, 2008

May 23rd, 2010 · No Comments

Update, 9 August 2010: See also Forsyth v Sinclair (No 2) [2010] VSCA 195 where Justices of Appeal Neave and Redlich and Acting Justice of Appeal Habersberger held that the Evidence Act, 2008‘s ‘relevant to costs’ exception to the s. 131 rule that without prejudice communications are inadmissible is trumped by the Supreme Court Act, […]

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Tags: Evidence · Negotiation privilege · Out of court settlements

Waiver of without prejudice privilege in disciplinary prosecutions of lawyers

May 9th, 2009 · No Comments

It has never been clear to me that anyone was entitled in a disciplinary prosecution to refer to statements made ‘without prejudice’ unless the joint privilege holders (the disputants on whose behalf the communication was made, and made to) waived it.  Now I have found an authority on the question in Legal Practitioners Complaints Committee […]

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Tags: Discipline · duties of confidentiality · Ethics · Negotiation privilege

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

May 9th, 2009 · No Comments

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 […]

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Tags: duties of confidentiality · Ethics · litigation ethics · Negotiation privilege · Out of court settlements

Settlement offers aren’t confidential after all if one party sues their solicitor

November 10th, 2007 · No Comments

Update, 14 November: here’s an English firm’s note about Vaseghi and another case involving without prejudice privilege in an employment dispute context.  Original post: You don’t often see cases about waiver of without prejudice privilege, whereas forests fall at an alarming rate in relation to nice questions like whether ‘fairness’ or ‘inconsistency’ is the right […]

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Tags: Negotiation privilege

Without prejudice privilege and negotiations long before litigation

June 16th, 2007 · No Comments

CMS Cameron McKenna, an English firm, has noted a new English case on the availability of without prejudice privilege — otherwise known as negotiation privilege — over negotiations which take place long before litigation is commenced or even a reasonably certain prospect. In Framlington Group Limited v Barnetson [2007] EWCA Civ 502, an unlawful termination […]

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Tags: Negotiation privilege