When 'Without Prejudice' Might Prejudice You

02 JUN 2009

Andrew Moore Solicitor, Mills & Reeve

This article examines the law in relation to litigation privilege and highlights some of the dangers for the unwary correspondent. The recent House of Lords decision in Ofulue and Another v Bossert [2009] UKHL 16 again demonstrated the complexities that the waiving of litigation privilege can throw up. Party privilege (legal professional privilege) is beyond the scope of this article but is of little contention due to the huge protection the law attributes to it.

To read the rest of this article, see June [2009] Family Law journal.

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