Derek McDowell (Labour)

I move amendment No. 5:

In page 11, subsection (3)(b), line 39, after "correspondence" to insert "(other than without prejudice correspondence)".

This is essentially a technical amendment. The section requires that a claimant provide copies of all correspondence or that he or she can be required to provide copies of all correspondence. At present, the rules of court do not oblige claimants, plaintiffs or their solicitors to provide copies of without prejudice correspondence.

It is the practice, when dealing with assessors, insurance companies or between solicitors, to provide that certain correspondence is, as it were, off the record. The courts have taken the view that this should be encouraged because it is a means of settling claims. It is a method by which some certainty can be given to negotiations while at the same time the negotiations can be conducted in a way that will not ultimately be reviewed directly by the court. The amendment provides that if an item of correspondence is expressed to be without prejudice, with a view to encouraging settlements and so forth, it should not be discoverable by the board and the claimant should not be required to provide a copy of it to the board.

Have I clarified the intent of the amendment?