Civil Reform, and the Without Prejudice Privilege

Introduction

Emma Meagher-Neville solicitor and Neal Horgan BL will discuss recent proposals contained in the Civil Reform Bill 2025 along with a specific look at without prejudice privilege in litigation. Minister for Justice Jim O’Callaghan in introducing the Bill said that it contains “civil reform measures that are likely to lead to more orderly conduct of civil litigation, cost savings for the parties, and the efficient use of court resources.”  These proposals will be analysed from a practitioners’ perspective.

Learning Outcomes

Attendees will learn about:

The Civil Reform Bill 2025

✔︎ General scheme of the Bill
✔︎ Judicial Review
✔︎ Discovery procedures and document production
✔︎ Enhanced case management
✔︎ Efficiency, strict new rules and discontinuance due to inactivity
✔︎ Monetary limits of the District and Circuit Courts

Without Prejudice Privilege

✔︎ History of the without prejudice rule
✔︎ Public Policy
✔︎ Agreement
✔︎ Scope / extent of the without prejudice privilege
✔︎ Conditions for establishing the privilege
✔︎ Calderbank letters
✔︎ Exceptions to the rule
✔︎ Recent developments
✔︎ Case of QPQ Limited v Shute [2025] IEHC 474