Privilege and Prejudice
Paul Epstein Q.C.
1. Issues of privilege, and Without Prejudice communications, occur surprisingly often in practice. Legal privilege is concerned with legal advice privilege (essentially communications between clients and lawyers irrespective of whether there is any or actual contemplated litigation) and litigation privilege (communications not necessarily between client and lawyer, where litigation is contemplated or in existence). Without Prejudice concerns the evidential rule by which, save for certain purposes, and subject to certain exceptions, communications between the parties made for the purposes of resolving their disputes are not admissible in evidence.
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