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?