without prejudice Archives - Dingley Marshall Lewin Inc

Beware – exceptions to the “without prejudice” rule!

By Hazel du Plooy|2019-10-04T05:41:29+01:00January 26th, 2018|Commercial Law, Litigation|

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 [...]

The New Without Predjudice Exception – KLD Residential CC v Empire Earth Investments

By Leigh Brauer|2019-10-04T05:41:29+01:00September 13th, 2017|Articles, Litigation|

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 [...]