Jersey Judgment

Broadland Estates Ltd. v Lapidus [1989] JLR_Note 7c (17 November 1989)

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01

Holding and result

Privilege is not conferred solely by the use of the phrase 'without prejudice'; substantive criteria must be met.

Court disposition

clarification of evidentiary privilege

02

Material facts

Parties

Broadland Estates Ltd.

Applicant

Lapidus

Respondent

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Whether the mere use of the phrase 'without prejudice' is sufficient to confer privilege on communications.

05

Court’s reasoning

  1. 01

    Jersey Law Reports [1989] JLR_Note 7c

    The mere use of the phrase 'without prejudice' is ineffective to confer privilege.

06

Ratio, limits and disposition

Ratio decidendi

Privilege is not conferred solely by the use of the phrase 'without prejudice'; substantive criteria must be met.

Court disposition

clarification of evidentiary privilege

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BAILII >> Databases >> Jersey Law Reports >> Broadland Estates Ltd. v Lapidus [1989] JLR_Note 7c (17 November 1989) URL: https://www.bailii.org/je/cases/JLR/1989/JLR89N007c.html Cite as: [1989] JLR_Note 7c [ New search ] [ Help ] Broadland Estates Ltd. v Lapidus 1989 JLR Note 7c (17 November 1989) PRIVILEGE-"without prejudice" communications-mere use of phrase "without prejudice" ineffective to confer privilege The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1989 JLR Note 7c BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1989/JLR89N007c.html

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