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Best Buy Co Inc & Anor v Worldwide Sales Corporation Espana SL - threats of litigation and the "without prejudice" rule

Deciding whether correspondence should be treated as "without prejudice" is a question of establishing whether the parties would reasonably have thought that their negotiations in the correspondence in issue were sufficiently advanced to have moved into that "zone". Using that approach, a letter containing a threat of litigation is very unlikely to be regarded as "without prejudice". 

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