Learning Objectives:
- Understand the legal limits of without prejudice privilege and when statements may become admissible
- Learn how to structure settlement communications to ensure protection while avoiding common pitfalls
Description
Attend and earn 0.5 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Without Prejudice Conversations: When What is Said is not Covered by the Without Prejudice Exclusion
- What are the basic rules about without prejudice communications?
- What content is protected by the without prejudice umbrella?
- Is a communication actually without prejudice just because it is labelled or agreed to be?
- Can you dissect out parts of without prejudice communications as on the record and susceptible to being admissible evidence? (This includes documents that may be sent on this basis)
- What are the dangers and concerns for lawyers as counsel engaging in without prejudice communications directly with the other side?
Presented by Paul Dalkie, Barrister
Chair
Damian Chesterman, Barrister, FortyEight Shortland
Presenters
Paul Dalkie, Barrister
Paul Dalkie has practised as a barrister for more than 24 years in New Zealand and Australia. He appears in and has appeared in a wide range of civil and commercial cases and arbitrations. Prior to becoming a barrister he practised as a solicitor in Queensland for more than 8 years including at two global firms Blake Dawson Waldron (now Ashurst) and Cannan & Peterson, Sly & Weigall (now Norton Rose Fullbright). He has appeared and argued cases and conducted trials and appeals at all Court's levels, including the Privy Council. His practice has particular emphasis on contract disputes of all kinds, and corporate law, especially insolvency and shareholders and directors disputes. He is admitted to practice in New Zealand, Queensland and Victoria, and in the Federal Courts of Australia.
Damian Chesterman, Barrister, FortyEight Shortland
Damian is a senior commercial and civil barrister and arbitrator based in Auckland and Queenstown. Throughout his career Damian has been entrusted with complex and difficult litigation by his clients. Since his first jury trial as lead counsel in 1996 he has led numerous High Court trials and appeals including in the Supreme Court. Damian’s qualifications include an LLM (Hons) from the University of Cambridge, England; an LLB with First Class Honours; a B.Com; New Zealand’s highest qualification in arbitration (FAMINZ (Arb)); admission to the New York Bar and admissions in Australia and England.
