Without Prejudice Privilege: Principles, Case Law, and Exceptions
Year: 2025
Type: article
Abstract: Without prejudice privilege protects settlement communications by making them inadmissible in later proceedings. It grew out of eighteenth-century English law and secured firm footing in Walker v Wilsher. The paper sets out three core criteria for the privilege: a genuine dispute, a real attempt to settle, and production solely for settlement purposes. It then examines key rulings—Rush & Tompkins, Oceanbulk Shipping & Trading, and Motorola Solutions v Hytera—to show how courts have shaped the scope of without prejudice privilege. Finally, it surveys the main exceptions, including unambiguous impropriety, concluded disputes, waiver, estoppel, and disclosures limited to costs. This framework guides practitioners in applying without prejudice privilege in arbitration and litigation.
Author: Ahmed Abdelgaid, Al-Awamy
Institution: Ain Shams University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6930945185
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