4 February 2021Richard Roberts, Aidan Southall and Georgia Carr

Protecting the without prejudice rule

In its decision of January 11, 2021, the English Court of Appeal set aside a freezing injunction imposed by the High Court in the context of an ongoing trade secrets dispute in the US. Key to its ruling was an analysis of the “unambiguous impropriety” exception to without prejudice (WP) privilege.

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Protecting the without prejudice rule

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