Admission of Fraud or Misrepresentation
If a party can demonstrate that the negotiations were tainted by fraud, misrepresentation, undue influence, or some other wrongdoing, the “Without Prejudice” rulecan be challenged. Courts may allow evidence of such wrongdoing to be admitted.
Clarification of Settlement Terms
If the parties need to clarify the terms of a settlement agreement or interpret its meaning, courts may allow the admission of “Without Prejudice” communications to assist in resolving these issues.
Professional Negligence Claims
In cases involving professional negligence claims against legal or other professional advisers, communications that were marked as “without prejudice” in the underlying matter that is the subject of the professional negligence claim, will be considered by the court.
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