In Part I of our series on ‘Privilege and Waiver’, we explored the scope of attorney-client privilege in India, with references to the jurisprudence in the UK, Singapore and US.
We now bring to you Part II of our series on ‘Privilege and Waiver’ where the Internal Investigations and White Collar Defence Practice Group at NDA explore another key aspect of legal privilege, i.e., the ‘without prejudice’ rule.
Business communications are often titled with the phrase “Without Prejudice”. While the phrase seemingly advances a protection to the author of a letter or a document, it is incorrect to assume that the phrase always provides a blanket protection against any and all liabilities, calling for certain exceptions to this rule. Courts across many jurisdictions have interpreted the phrase with an aim to establish a legal framework for conduct of negotiations in the business world.
In Part II of the series, we explore the “Without Prejudice” Rule, its application and waiver. The detailed research paper is available here.
Benchmark Litigation Asia-Pacific: Tier 1 for Government & Regulatory and Tax 2020, 2019, 2018
Legal500 Asia-Pacific: Tier 1 for Tax, Investment Funds, Labour & Employment and TMT 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012
Chambers and Partners Asia-Pacific: Band 1 for Employment, Lifesciences, Tax and TMT 2020, 2019, 2018, 2017, 2016, 2015
IFLR1000: Tier 1 for Private Equity and Project Development: Telecommunications Networks. 2020, 2019, 2018, 2017, 2014
AsiaLaw Asia-Pacific Guide 2020: Ranked ‘Outstanding’ for TMT, Labour & Employment, Private Equity, Regulatory and Tax
FT Innovative Lawyers Asia Pacific 2019 Awards: NDA ranked 2nd in the Most Innovative Law Firm category (Asia-Pacific Headquartered)
RSG-Financial Times: India’s Most Innovative Law Firm 2019, 2017, 2016, 2015, 2014
Who’s Who Legal 2019:
Nishith Desai, Corporate Tax and Private Funds – Thought Leader
Vikram Shroff, HR and Employment Law- Global Thought Leader
Vaibhav Parikh, Data Practices - Thought Leader (India)
Dr. Milind Antani, Pharma & Healthcare – only Indian Lawyer to be recognized for ‘Life sciences - Regulatory,’ for 5 years consecutively
Merger Market 2018: Fastest growing M&A Law Firm in India
Disclaimer
The contents of this publication should not be construed as legal opinion. View detailed disclaimer.
Proud Moments
Benchmark Litigation Asia-Pacific: Tier 1 for Government & Regulatory and Tax 2020, 2019, 2018
Legal500 Asia-Pacific: Tier 1 for Tax, Investment Funds, Labour & Employment and TMT 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012
Chambers and Partners Asia Pacific: Band 1 for Employment, Lifesciences, Tax and TMT 2020, 2019, 2018, 2017, 2016, 2015
IFLR1000: Tier 1 for Private Equity and Project Development: Telecommunications Networks. 2020, 2019, 2018, 2017, 2014
AsiaLaw Asia-Pacific Guide 2020: Tier 1 (Outstanding) for TMT, Labour & Employment, Private Equity, Regulatory and Tax
FT Innovative Lawyers Asia Pacific 2019 Awards: NDA ranked 2nd in the Most Innovative Law Firm category (Asia-Pacific Headquartered)
RSG-Financial Times: India’s Most Innovative Law Firm 2019, 2017, 2016, 2015, 2014
