The scope of the ‘without prejudice’ privilege is an issue that can cause consternation amongst the most experienced lawyers. The privilege has developed to enable litigants to explore settlement of their dispute without affecting their legal rights; it does not, however, extend to all statements or communications made in furtherance of a compromise in the litigation.
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This article was originally published in the Autumn 2019 edition of The Australian Corporate Lawyer.
Published by ACC Australia, The Australian Corporate Lawyer magazine is the go-to publication for in-depth articles and analysis which are timely and directly relevant to the in-house legal profession. For further information, please visit the ACC Australia website here: https://acla.acc.com/
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