Privilege and Waiver II
‘Without Prejudice’ Privilege
  

January 11, 2021

 

5G Technology in India  

In Part I of our series on ‘Privilege and Waiver’, we explored the scope of attorney-client privilege in India, with references to the jurisprudence in the UK, Singapore and US.

We now bring to you Part II of our series on ‘Privilege and Waiver’ where the Internal Investigations and White Collar Defence Practice Group at NDA explore another key aspect of legal privilege, i.e., the ‘without prejudice’ rule.

Business communications are often titled with the phrase “Without Prejudice”. While the phrase seemingly advances a protection to the author of a letter or a document, it is incorrect to assume that the phrase always provides a blanket protection against any and all liabilities, calling for certain exceptions to this rule. Courts across many jurisdictions have interpreted the phrase with an aim to establish a legal framework for conduct of negotiations in the business world.

In Part II of the series, we explore the “Without Prejudice” Rule, its application and waiver. The detailed research paper is available here.

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RSG-Financial Times: India’s Most Innovative Law Firm
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Who’s Who Legal 2019:
Nishith Desai, Corporate Tax and Private Funds – Thought Leader
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Dr. Milind Antani, Pharma & Healthcare – only Indian Lawyer to be recognized for ‘Life sciences - Regulatory,’ for 5 years consecutively

Merger Market 2018: Fastest growing M&A Law Firm in India


Disclaimer

The contents of this publication should not be construed as legal opinion. View detailed disclaimer.

This Pubication provides general information existing at the time of preparation. The Pubication is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Pubication. It is recommended that professional advice be taken based on the specific facts and circumstances. This Pubication does not substitute the need to refer to the original pronouncements.

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Proud Moments

Benchmark Litigation Asia-Pacific: Tier 1 for Government & Regulatory and Tax
2020, 2019, 2018

Legal500 Asia-Pacific: Tier 1 for Tax, Investment Funds, Labour & Employment and TMT
2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012

Chambers and Partners Asia Pacific: Band 1 for Employment, Lifesciences, Tax and TMT
2020, 2019, 2018, 2017, 2016, 2015

IFLR1000: Tier 1 for Private Equity and Project Development: Telecommunications Networks.
2020, 2019, 2018, 2017, 2014

AsiaLaw Asia-Pacific Guide 2020: Tier 1 (Outstanding) for TMT, Labour & Employment, Private Equity, Regulatory and Tax

FT Innovative Lawyers Asia Pacific 2019 Awards: NDA ranked 2nd in the Most Innovative Law Firm category (Asia-Pacific Headquartered)

RSG-Financial Times: India’s Most Innovative Law Firm
2019, 2017, 2016, 2015, 2014

Research Papers

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