Without prejudice: opening shots and negotiating documents

Reviews case law which has provided guidance on the law relating to without prejudice communications in landlord and tenant disputes. Considers: (1) the extent to which without prejudice communications are inadmissible in subsequent litigation; (2) exceptions to the without prejudice rule; (3) the specific context in which the rule applies; (4) the need for a dispute or negotiation to have arisen; (5) the prohibition on using "without prejudice" as an opening shot; and (6) the effect of changing the negotiating basis.

Too much formality?

Reflects on problems created by the formalities applicable to leases, with reference to the exceptions to the rule that leases be made by deed and the position of tenants paying rent under a void lease. Considers possible proposals for simplifying the system, including the introduction of a single requirement that all leases be in writing, abolishing the need for a deed when assigning a tenancy and reforming the right of tenants under a short lease to oblige landlords to supply written details of the tenancy terms.