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ARTICLE · 24 OCTOBER 2019

The Cost Consequences Of Not Expressly Marking Correspondence "Without Prejudice"

Bedell Cristin
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The English High Court ("Court") has found that an arbitrator could consider a letter containing an offer of settlement but not expressly marked "Without prejudice"...

Cayman IslandsLitigation, Mediation & Arbitration
Laura Hatfield
Laura Hatfield
Kai McGriele
Kai McGriele
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The English High Court ("Court") has found that an arbitrator could consider a letter containing an offer of settlement but not expressly marked "Without prejudice" on the subject of costs. The issue raised in Sternberg Reed Solicitors v Harrison [2019] EWHC 2065 (Ch) ("Sternberg") had apparently never been raised before and the decision seems at odds with the usual application of the "Without prejudice" rule. Leave to appeal was refused. The decision would be considered persuasive authority in other common law jurisdictions, such as the Cayman Islands and is not likely to be considered limited to arbitration but to apply in Court proceedings also.

What is "Without prejudice" rule?

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