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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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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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 touchstone [...]

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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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