“Will a conversation “off the record” in a dispute be excluded from the evidence before the court at trial? We ask our Litigation Team.

The short answer is not necessarily.  If the “off the record” conversation involves discussions as to the resolution of the dispute, the conversation is likely to be covered by the legal concept of “without prejudice” and excluded from disclosure.  However if the conversation has nothing to do with resolution, it is unlikely to be privileged.  The legal concept of privilege is often misunderstood by clients and dare we say other lawyers!

Once a dispute arises, it is often vital for clients to be guided about what they can and cannot say, how this affects their case, and the way in which to undertake the discussions.  We are happy to guide clients through this.  Our Dispute Resolution lawyers all have a wealth of experience as litigators, with the team including lawyers who hold dual roles.  For example one is a part-time Judge and another a lecturer in litigation law for evening study degree students.  You will certainly not be disappointed with our knowledge!

Please feel free to call us for a free initial telephone consultation.