Negotiating A Settlement: Without Prejudice Privilege

All disputes can get messy and landlord and tenant disputes are no different.  Where the right to occupy a property is critical, either for business or residential purposes, the stakes are high for both sides.  Whatever the strengths and weaknesses of a case, litigation can be stressful and costly and sometimes settling a dispute is the best way forward.

Parties can generally rely on "without prejudice privilege" to carry out full and frank discussions with a view to seeking resolution of a dispute in the knowledge that any admissions made will not be used against them at trial.  Determining what constitutes a genuine attempt to settle which attracts without prejudice privilege can be a minefield for qualified lawyers and it can be particularly difficult for litigants in person to know what the court is and is not entitled to consider.