Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

24 MAR 2015

Where does without prejudice immunity begin? Part 1: production/disclosure (£)

David Burrows

Solicitor Advocate


Where does without prejudice immunity begin? Part 1: production/disclosure (£)
This article, the first of two, asks the question: when, in family proceedings, does the without prejudice rule (or ‘privilege’) apply? When does the immunity from production of documents and information in later proceedings operate? And to what extent is this date important from a mediator’s point of view? The production/disclosure question has arisen in two recent reported cases in family finance proceedings. From what point in parties’ negotiations are they prevented from disclosing information or documents to the court? What are the rules at common law (arising mostly from commercial and employment law proceedings); and is the common law approach in family cases different from in other civil litigation? This article answers as many of these questions as it can; and it concludes by posing a mediation/case management question for review in a future article.

The full version of this article appears in the March 2015 issue of Family Law.

Online subscribers can access the full version of the article here.

For details on how you can subscribe to Family Law or for any offers, please contact a member of our sales team: Tel 0117 918 1555, or email: sales.manager@jordanpublishing.co.uk
Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online

DIY Divorce and Separation

The expert guide to representing yourself

If you are looking to represent yourself in court this book will de-mystify the legal process and...

More Info from £13.50
Subscribe to our newsletters