Without Prejudice, or Without Prejudice Save as to Costs, that was the question
The implications of using these two different negotiation tactics were deemed “both real and important” in Marcura Equities FZE & Anor v Nisomar Ventures & Anor [2018] EWHC 523 (QB). Communications “Without Prejudice” allow disputing parties to negotiate freely and protect themselves from repercussions of future prejudice but most importantly they are not admissible in…