Without notice
Not telling the respondent to an application about it before the first hearing takes place.

Not telling the respondent to an application about it before the first hearing takes place.
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 […]