Without Prejudice Communications – Understanding How and When to use t – Leo Cussen Centre for Law

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Without Prejudice Communications – Understanding How and When to use the Protection Effectively

Without Prejudice Communications – Understanding How and When to use the Protection Effectively

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This seminar will provide guidance for legal practitioners on the use of Without Prejudice communications and how this applies in practice. The session will address what communications are truly Without Prejudice and will outline the risks faced in mismanaging these communications: 

This session will cover:

  • Why is “Without Prejudice” and “Without Prejudice save as to costs” used and what do these terms mean?
  • Does “Without Prejudice” or “without Prejudice save as to costs” need to be indicated on correspondence for the protection to apply?
  • Oral vs written communication – how to effectively use “Without Prejudice” for each;
  • Exceptions - when “without prejudice” does not apply;
  • How using the words “Without Prejudice” can lead to ambiguity;
  • Consequences of misuse of the terms “Without Prejudice” and “Without Prejudice save as to costs”;
  • Cases of significance discussed.

This seminar is designed to give you the confidence to know how to use these protections correctly and effectively, and will also discuss the risks of using these protections in error, how to protect your clients from loss, and to cover yourself from claims of mismanagement of these fundamental communications.