In any dispute, parties frequently mark communications as “without prejudice” to facilitate settlement discussions without fear of prejudicing their legal position. However, the scope and legal effect of without prejudice protections vary across jurisdictions. Understanding these nuances is essential for lawyers, in-house counsel, and dispute resolution professionals involved in negotiations, mediation, litigation, and arbitration.
This webinar will examine the legal principles governing without prejudice communications in key jurisdictions such as Singapore, England & Wales, New York, and Japan. Camille Ng will join other speakers to explore:
– What qualifies as “without prejudice”? We will survey various approaches.
– At what point does “without prejudice privilege” apply?
– The relevance of marking materials as “without prejudice” or “without prejudice save as to costs” and what is the equivalent of this concept in other jurisdictions such as New York and Japan?
– How do courts and tribunals in Singapore and in the UK assess settlement offers when awarding costs while preserving legal protections?
– What are the strategic considerations to note prior to making Calderbank offers, and prior to accepting (or not accepting) Calderbank offers?
– Exceptions to “without prejudice privilege.”
