Without prejudice privilege – guidance from the Privy Council – Practical Law: Construction Blog
‘I advise many clients involved in construction projects who are on the cusp of a dispute. While they take legal advice on the merits of their position, my clients usually continue to seek to reach an amicable solution with their counterparty through direct negotiation as well as continuing to liaise on a day to day basis to get the job finished. In this context, my clients regularly ask, “Should my email be without prejudice?”. Although the law in this area is relatively settled, the question continues to throw up difficulties. I have been involved with several cases where one party has attempted to put material before a judge or adjudicator that the other side says is inadmissible because it was made without prejudice. The recent Privy Council case of A&A v Petroleum Co of Trinidad & Tobago sheds some light on this perennial problem.’
Practical Law: Construction Blog, 7th February 2023
