Recent High Court Judgement - Without Prejudice Update

A recent judgment in the High Court, Morris v Williams, has highlighted when without prejudice correspondence may be admissible as evidence. 

Briefly, "without prejudice" is a term used in correspondence during negotiations. It protects the party making the offer in that the offer will not, in most cases, be shown to the court. In general, correspondence marked "without prejudice" is inadmissible, but there are exceptions to this rule. One of these exceptions is when the correspondence is referred to as "unambiguous impropriety". 

Morris v Williams now makes clear that, in Injury and Clinical Negligence claims, fundamental dishonesty is classed as "unambiguous impropriety" As a Dental Practice, you may be at risk of injury or negligence claims from patients, despite your best endeavours to operate a safe and professional environment. Unfortunately, it is not uncommon for some Claimants to try and exaggerate their injuries, which ultimately constitutes fundamental dishonesty.

The Dispute Resolution and Regulatory department at Buxton Coates Solicitors are able to provide you with the necessary objective perspective to ensure you obtain the best possible result, whilst maintaining your reputation and credibility as a Practice. 

If you find yourself in a situation where you are at risk of an Injury or Clinical Negligence claim being brought against the Practice, then please do not hesitate to contact Beverley.Hudson@buxtoncoates.com  or call us on 0330 088 2275.