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Muller(1) exception to the without prejudice rule. In
Berkeley Square Holdings Limited v Lancer Property Asset Management Limited,(2) the court indicated that recent first-instance decisions have strayed beyond the facts in
Muller, a development that might widen the scope of the exception unjustifiably.
Without prejudice rule
The without prejudice rule protects statements made in the context of a without prejudice discussion or negotiation from being relied upon in later legal proceedings. The principle facilitates the settlement of disputes by encouraging the parties to speak freely and frankly without fear that statements made in the course of a without prejudice situation might later be used against them. The rule is grounded in public policy and the protection that it offers is not easily overridden.
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Private Investor is a recipient of the information who meets all of the conditions set out below, the recipient: 1. Obtains access to the information in a personal capacity; 2. Is not required to be regulated or supervised by a body concerned with the regulation or supervision of investment or financial services; 3. Is not currently registered or qualified as a professional securities trader or investment adviser with any national or state exchange, regulatory authority, professional association or recognised professional body; 4. Does not currently act in any capacity as an investment adviser, whether or not they have at some time been qualified to do so;
A
Private Investor is a recipient of the information who meets all of the conditions set out below, the recipient: 1. Obtains access to the information in a personal capacity; 2. Is not required to be regulated or supervised by a body concerned with the regulation or supervision of investment or financial services; 3. Is not currently registered or qualified as a professional securities trader or investment adviser with any national or state exchange, regulatory authority, professional association or recognised professional body; 4. Does not currently act in any capacity as an investment adviser, whether or not they have at some time been qualified to do so;