Podcast Location:
Download it here [file size: 19.4 MB]
Categories:
Civil Procedure
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

Provide a summary of the law of without prejudice privilege, identifying in what circumstances the privilege will protect the confidentiality of dealings between parties to proceedings and negotiations.

The podcast also outlines the major exceptions to the rule against non-disclosure, particularly the exception relating proving mitigated loss to interested 3rd parties.

Outcomes:
After completing the course you will:
  • Understand the scope and circumstances under which negotiations between parties will be covered by the without prejudice privilege;
  • Understand in what circumstances the privilege can be waived or excluded.
Level:
General Interest Difficulty: 2 of 5
Classification:
Introduction
Legal Principles
Practical Guide
Sources and References:
  • Cumbria Waste Management Ltd & Anor v Baines Wilson (A Firm) [2008] EWHC 786;
  • Muller v Linsley & Mortimer [1996] 1 PNLR 74;
  • Unilever v Proctor & Gamble [2000] WLR 2436;
  • Framlington Group Ltd & Anor v Barnetson [2007] EWCA Civ 502;
  • Rush & Tompkins Ltd v Greater London Council [1988] UKHL 7;
  • Cheddar Valley Engineering Ltd v Chaddlewood Homes Ltd [1992] 1 WLR 820;
  • Reed Executive Plc & Anor v Reed Business Information Ltd & Ors [2004] EWCA Civ 887.

This podcast is about the privilege that attaches to documents or negotiations between parties who are attempting to settle a claim before proceedings have ended. The podcast provides practical advice on when the privilege can be waived or excluded and in what circumstances this will be appropriate.

Podcast Added: 10/02/2009

Podcast last reviewed: 2011-08-30

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