A Real Privilege? The Presence Or Absence Of Terms Such As 'Without Prejudice' On Correspondence Does Not Necessarily Determine Whether It Will Be Protected.

Originally published in Supply Management, 16 October 2008

The presence or absence of terms such as 'without prejudice' on correspondence does not necessarily determine whether it will be protected. Alan Ma explains When a dispute arises, all communications between the parties are normally admissible in court. However, correspondence will not be disclosed if it is protected by the principle of "privileged information". This includes correspondence between client and solicitor and legal opinions on the matter in dispute.

"Without prejudice" communications are also privileged. This term applies to correspondence between parties in negotiation of a settlement, while "without prejudice save as to costs" means the documents may be revealed if the matter is being decided by a judge or arbitrator and...