What’s going on with WP Privilege?

4 New Square Chambers: In Brief - A podcast by 4 New Square Chambers

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In this podcast Neil Hext QC and Matthew Bradley look at the latest state of play in relation to the Muller exception to the without prejudice rule. The Court of Appeal’s decision in Muller v. Linsley & Mortimer [1996] PNLR 74 seems well established, but the exception remains difficult to square with basic principle. The podcast will consider how WP privilege works in the three-party situation, and the impact of recent cases such as EMW Law LLP v. Halborg [2017] EWHC 1014 and Briggs v. Clay [2019] EWHC 102.