Not Always What It Says On The Tin: The Pitfalls Of 'Without Prejudice' Privilege In Jersey

What is 'without prejudice' privilege? 

'Without prejudice' privilege (WPP) is a valuable tool for parties who are genuinely trying to settle a dispute out of court. As the Royal Court noted in Kilbey v Grafters Limited [2015] (1) JLR 1, the reason for the rule is essentially one of public policy in encouraging parties to settle a dispute, with the Court noting:

"…the public interest in encouraging settlement to be extremely strong.  Litigation is very expensive and even the eventual winner may find himself out of pocket.  Litigation to the bitter end can often cause real hardship.  It is therefore in the interests of justice that parties should be encouraged to settle their differences at as early a stage as possible."