The importance of protecting without prejudice communications has recently been emphasised by our Court of Appeal (see: Court of Appeal underscores sanctity of “without prejudice” privilege), but clear cases of abuse of the privilege will not be protected. Ferster v Ferster and others [2016] EWCA Civ 717, in which the UK Court of Appeal held that the without prejudice rule had no application in circumstances of “unambiguous impropriety”, illustrates the point.
