Articles

Civil Litigation

Without prejudice

Negotiations between the parties for the purpose of settling a case are off-the-record from the viewpoint of the court. To ensure this is so, it is traditional to introduce the conversation by saying the words “can we speak without prejudice?” Letters regarding settlement should also be headed “‘without prejudice”. However, genuine attempts at settlement are […]

Witness statement

A statement taken from a witness. Sometimes Witness statements without the presence of witnesses in person are of limited value: witnesses are expected to attend so that they can be cross-examined to establish the reliability of their evidence.