THE CORRECT PROCEDURE IF A PARTY WANTS TO ATTEMPT TO RELY ON “WITHOUT PREJUDICE” DOCUMENTS: THE EXCEPTIONS TO THE WP RULE CONSIDERED

We are looking at a judgment from today which considers the "without prejudice" rule in some detail. In particular the steps a party should take if it wishes to argue that it should be able to rely on without prejudice correspondence.  Following the correct procedure is of utmost importance.

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