Privileged Negotiations

John Tackaberry QC

April 2002

A paper given to the Society of Construction Law in Hong Kong on 22nd
November 2001.

John Tackaberry looks at 'without prejudice' negotiations,
and what it was thought was meant by the term, in particular that the
privilege that attached to negotiations no longer applied if a settlement
was reached. He looks in some detail at ush & Tompkins Ltd v Greater
London Council in the Court of Appeal and House of Lords; he considers
ambit of the case, and the extent of the rule 'once privileged,
always privileged'.

Without prejudice negotiations - ush v Tompkins in the Court
of Appeal - ush v Tompkins in the Lords - Once privileged,
always privileged - Partial settlements - Australian authorities
- Conclusion.

The author: John Tackaberry is a Queen's Counsel, ecorder, United
Nations Commissioner and registered chartered arbitrator; he was also
the founding President of the Society of Construction Law.

Text 13 pages.

PDF file size: 178k