Subject Matter Index

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Applicability of the "without prejudice" rule

Conditions that must exist before a claim of privilege can be invoked where a document has been marked "without prejudice"

Effect of a document made without prejudice

Effect of a document marked "without prejudice"

Effect of letters exchanged between solicitors or parties without prejudice in the course of resolving a dispute

Extent of the applicability of the rule excluding the admissibility of statements made "without prejudice"

Meaning and scope of the phrase "without prejudice"

Meaning and significance of the words "without prejudice" in a document

The principle that where there is a concluded agreement, the fact that the correspondence is without prejudice would not affect its admissibility in evidence

The rationale for the rule as to "without prejudice"

The rule of evidence precluding the admission of documents made "without prejudice"

The rule that letters written during bona fide negotiations or attempts to settle or compromise a dispute cannot be given in evidence as admissions

Whether a letter written "without prejudice" and which is not tendered in proof of any compromise is admissible in evidence

Whether a party is permitted to mark an ordinary reply in which no grounds are being conceded or no offers are being made towards settlement “without prejudice”

Whether a party who marked a correspondence “without prejudice” has the right to tender that correspondence against his own interest

Whether a statement made "without prejudice" is inadmissible in all instances

Whether a statement or written document made ''without prejudice" is admissible

Whether statements made by parties in the settlement of a dispute is without prejudice

Whether written admissions made “without prejudice” should be excluded from evidence

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