Recognition Of "Without Prejudice" In The UAE

The Dubai local onshore courts recently recognised and upheld the "without prejudice" principle, a principle previously not recognised. This marks a significant development to the approach taken to confidential settlement discussions in the UAE.

Introduction

"Without prejudice" privilege is recognised in several common law jurisdictions. The "without prejudice" principle offers protection against certain communications made during the course of negotiations or discussions concerning settlement. It prevents these statements from being used as evidence in court or other legal proceedings, specifically against the party who made the "without prejudice" statement. The purpose of this principle is to encourage open, honest and unreserved discussions between parties in an attempt to resolve and settle disputes without the fear that communications will later be held against parties later on in the proceedings.