The “Without Prejudice” Rule: Dispelling Some Myths Webinar

1.5 General CPD hours. Live and on demand CPD seminar

Chaired by William Binchy, B.L., with Jaime Flattery and Barry Walsh of McCann Fitzgerald

€75 per person Booking

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The “Without Prejudice” Rule: Dispelling Some Myths Webinar


Duration: 1 day


Level: 1.5 General CPD hours


  • 1 day
  • Tue 31 May 2022 | 14:00 - 15:30

“Without prejudice” is not a label which can be used indiscriminately so as to immunise an act from its normal legal consequences.  Although the term is frequently used, it is commonly misunderstood.

This seminar will clarify its meaning and effect. It will sharpen your awareness of when the protection might or might not apply. It will also examine the exceptions to the rule and provide you with an insight into when the veil of “without prejudice” can be pierced by the courts. The seminar is imperative for all litigation practitioners.

The questions to be addressed include the following:

  • Is the fact that a communication concerns a dispute sufficient to confer protection?
  • What is the status of “confidential “or “off the record “communications?
  • Can without prejudice privilege apply before proceedings are commenced?
  • What is the position if a practitioner omits to mark a letter “without prejudice” but the letter is a genuine attempt to resolve a dispute?
  • What is the distinction between “without prejudice” and “without prejudice save as to costs”?
  • Can the “without prejudice” rule protect communications from disclosure by other parties to the same litigation?
  • Are such communications immune from admissibility in any subsequent litigation?
  • In what circumstances might “without prejudice” protection be waived inadvertently?
  • Are “without prejudice” communications protected if there is a dispute concerning the terms or existence of a settlement?
  • The position in relation to misrepresentation and impropriety
  • Practical tips and pitfalls to avoid.

Please note: this seminar will be recorded and available to access on demand to all registered delegates after the event.

Meet the speakers:

Professor William Binchy, BL

William Binchy is a practising barrister and lectures on the LLM programme at Trinity College Dublin.

He was Regius Professor of Laws at Trinity from 1992 to 2012. He has published widely on tort law and medical negligence.

Jaime Flattery, Senior Associate, McCann FitzGerald

Jaime Flattery is a Senior Associate in McCann FitzGerald’s Investigations and White Collar Crime group and Media Defence group.

Jaime is a widely experienced commercial litigator with a focus on dispute resolution and regulation in the financial services, media and telecommunications sectors. Jaime has significant experience advising both public and private clients in the context of defamation and fraud matters involving sensitive privilege issues, in addition to particular experience dealing with regulatory and Court appointed investigations.

Barry Walsh, Senior Associate, McCann FitzGerald

Barry Walsh is a Senior Associate in McCann FitzGerald’s litigation and dispute resolution department. Barry’s principal area of practice with McCann FitzGerald is administrative and public law disputes. 

Barry advises on disputes involving public and regulatory bodies, data transfer regulation, judicial review and regulatory compliance, as well as the resolution of commercial disputes through litigation and mediation. Barry has worked on a number of investigations into fraud, conspiracy and white collar crime.