A High Court case has reassured clients that 'without prejudice' privilege will continue to protect communications made during mediation, a solicitor said this week.

Stuart Dutson, associate solicitor at Linklaters, said the decision was an indication that the courts were now coming through with 'commercial, sensible decisions' following the confusion that had reigned while the Three Rivers case made its way through the courts.


In Hall v Pertemps Group [2005] All ER (D) 15 (Nov), the judge held that Mr Hall would not have been able to ask for information raised during mediation to be taken into account, had it not been for the fact that it had also been referred to in satellite litigation.


Mr Dutson said: 'When you have a mediation, lots of things are said which would be prejudicial if the case went to an arbitrator or to litigation. People will only be confident in making these statements if they are confident that they cannot be used against them in litigation. This case is reassuring.'