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29 January 2016


 January 29, 2016

Everyone understands that mediation takes place in the shadow of the law but is protected by mediation Without Prejudice privilege. But many of us find the definition of WP privilege as baffling as the offside rule. A new Appeal Court decision might help to broaden understanding…. or not!

Suh v Mace (UK) Limited [2016] EWCA Civ 4 considered the implications of information (prejudicial to a litigant in person) that was divulged during an interview with the opposite side’s solicitor. As always, you need to read the whole judgement to get a full appreciation of the point, but it seems to widen the application of WP protection.

Perhaps not directly relevant to mediation, but certainly of interest to those of us who spend a lot of our time negotiating deals in the shadow of litigation.

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