without prejudice
Beware – exceptions to the “without prejudice” rule!
The term “without prejudice” has for a long time been part of our law in South Africa and has been used to encourage parties to settle litigious disputes, while being able to divulge things they would not normally have divulged in the fear that the information provided or conversations had could be used against them more...
The New Without Predjudice Exception – KLD Residential CC v Empire Earth Investments
The South African Supreme Court of Appeal (the “SCA”) has created a new exception to the without prejudice rule. In KLD Residential v Empire Earth Investments (1135/2016) [2017] ZASCA 98, the court held that admissions of liability, made during without prejudice negotiations, are now admissible for the purposes of interrupting the prescription period in terms more...