In Briggs v Clay,  EWHC 102 (Ch) the court examined the policy underlining without prejudice privilege, and the circumstances in which implied waiver, or an exception to the rule excluding such communications from evidence, may arise. In declaring the content (but not the fact) of certain without prejudice communications to be inadmissible, the case is a timely reminder of the scrutiny with which courts will approach attempts to displace the privilege. Danielle Carr, Senior Associate at SCA ONTIER LLP considers the judgment and its implications.
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