Unilever v Proctor & Gamble / National Commercial Bank Ltd v Kanishi (Far East) Limited & Anr: The "Without Prejudice" Rule and Calderbank Offers: A Review of the Authorities.
Article from: TDM 0 (2003), in International Commercial Arbitration
Abstract
The complications of the "without prejudice" rule often causes confusion, particularly among non-lawyers; further, consideration of precisely what constitutes a Calderbank offer (one specific type of without prejudice communication) can give rise to difficulty where the form or language used differs from the conventional norm. The legal issues surrounding "without prejudice" communications have been given a comprehensive post-CPR review by the Court of Appeal in Unilever and the language of Calderbank offers has been considered in a case in Hong Kong relaying on ...