With or Without Prejudice?
Our Head of Insurance Litigation, Roger Franklin writes in April’s edition of Claims Focus, the Chartered Institute of Loss Adjusters (CILA) members’ journal:
It is a truth universally acknowledged, that a loss adjuster in defence of a fortune, must understand the basic principles of without prejudice privilege.
In practice that is not difficult, because the issue usually arises in the context of a dispute between an insured and insurer where offers and counteroffers are made which neither party wishes to be seen as admissions. However, what is the status of those communications in subsequent litigation involving a third party? For example, in the course of a subrogated claim?
Read the full article here or download the whole magazine from the CILA website.
Please note that this blog is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this blog. Please also see a copy of our terms of use here in respect of our website which apply also to all of our blogs.
© 2025 Edwin Coe LLP
