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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10457
Experience:  Barrister 17 years experience
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can a solicitor who was acting for you (after being negligent

Resolved Question:

can a solicitor who was acting for you (after being negligent in your case) say
1) all communications that are mheaded WITHOUT PREJUDICE cannot be shown to anyone !!!
2) say: THIS CORRESPONDENCE IS NOT TO BE DISCLOSED WITHOUT OUR EXPRESS WRITTEN CONSENT
3) say: PLEASE DO NOT WRITE TO THE MASTER WITHOUT LETTING US SEE THE CORRESPONDENCE FIRST
Can they gag me like this?
or, can I show the communications outlined to the Judge?
can i post them off today and send him a copy of my letter of complaint to them?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. Firstly, "without prejudice" communications are not automatically confidential. The only limitation on without prejudice communications is that they cannot be referred to in the actual litigation in the court in the case. Otherwise, you are free to show these letters to anyone you wish apart from the judge in the case. Secondly, the writer of a communication to you cannot determine in law what you do with it. They cannot give confidentiality to a communication to you. It is up to you what you want to do with the communication from your solicitors. You do not in law require their written consent to disclose it to other people. Thirdly, whilst you should not write to the Master concerning a case you are in, there is nothing which requires you to show that letter to your solicitor before you do so. However, if the letter concerns the Motion for the solicitor to come off record, you should send a copy to the solicitors concerned. If you get into court and haven't sent a copy, the Master will reprimand you for not doing so, as the idea in litigation is that all relevant correspondence to each side or the judge can be seen by both parties. Finally, they cannot gag you like this. Ultimately, you will refer to your letter of complaint to the solicitor in court before the Master. However, unless you intend filing this letter in court in the proceedings, you should not write in advance to the Master but simply refer to your letter when in court and dealing with their Summons to come off record as solicitor.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10457
Experience: Barrister 17 years experience
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