Legal privilege is currently a fast-moving area in common law
jurisdictions, including the Cayman Islands. This month, the Cayman
Islands Grand Court handed down a judgment on without prejudice (or
“WP”) privilege (Balls v Shewraj
and Saxon Motor & General Insurance Company Ltd, The Hon.
Justice Carter (Actg.), unreported 2 March 2020
(“Saxon”)). This follows in the wake
of a recent decision of the English Court of Appeal (BGC
Brokers LP and others v Tradition (UK) Limited and others
[2019] EWCA Civ 1937) considering the same subject matter (and of
persuasive authority here).
This article: (i) starts with a reminder on the principles of WP
privilege; (ii) examines the recent Cayman Saxon decision;
(iii) briefly summarises the English BGC v Tradition
decision; and (iv) sets out some practical points for parties
involved in settlement discussions to keep in mind.
