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29 November 2007 / Anne-sophie Julienne
Issue: 7299 / Categories: Features
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Settled out of court

Does negligent misrepresentation trigger the lifting of the protection afforded by the without prejudice rule? asks Anne-Sophie Julienne

In recent years, English courts have shown increasing support to the without prejudice rule and the settlement of disputes outside of the court. The without prejudice rule renders inadmissible in subsequent litigation admissions contained in communications which are genuinely aimed at settlement. The rule is founded partly upon the need to give effect to the intention of the parties, ie their mutual intention to compromise, and partly upon public policy that parties should not be discouraged from negotiations by the fear that things said or done in the course of written or oral negotiations could be used to their prejudice in the course of proceedings.

PROTECTION NOT ABSOLUTE

Although the protection afforded by the without prejudice rule is not absolute, the courts have taken a restrictive view of the circumstances in which it will be departed from. Save on very rare occasions, it is the fact of the negotiations, rather than their content, which is of

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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