The case of AZ vs BY [2023] EWHC (TCC) demonstrates the importance of the without-prejudice privilege and represents a forceful justification of the court’s defence of the concept’s objectives.

The construction sector is known for the prevalence of legal disputes on live and historic projects. There are various drivers for this, including narrow profit margins and the soaring costs of labour, materials and energy. To compound matters, even the most cost-efficient and prompt dispute resolution processes such as adjudication can still incur thousands of pounds of costs and are typically time and resource heavy.

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