I. WITHOUT PREJUDICE
1. “Without Prejudice” Communications Under English Law
The fact that most legal concepts in English law are generally the result of case-law…
As with most legal rules, this rule is not an absolute rule and exceptions do exist.…
Although the above references illustrate what the term “without prejudice” means…
The concept “without prejudice” was established in the early case of Walker v Wilsher…
“It is most important that the door should not be shut against compromises, as would…
The underlying justification to the rule was therefore the public policy reason:…
The rule established in Walker v Wilsher was recently upheld in the case of Calderbank v Calderbank where…
Although the case of Walker v Wilsher was vital in incorporating the concept into the common law system, the underlying justification for the rule based on public policy reasons was expressly -and incorrectly, it is submitted- dismissed in Cutts v Head.…
“If a party is exposed to a risk as to costs if a reasonable offer is refused, he…
Cutts v Head is vital concerning the development of the principle of “without prejudice” since it highlights the court’s retreat from the justification based on public policy. However, it is important to bear in mind that it was only the justification that was retreated from in Cutts v Head,…
“It is simply that its justification is only an implied agreement «arising out of…
It is therefore made clear that the rule is still good law and will be enforced unless…
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