«The without prejudice rule does not apply to those passages in the witness statement,» said Framlington in Barnetson v Framlington Group Ltd [2007] EWCA Civ 502, [2007] All ER (D) 429 (May), «because they refer to exchanges that took place before the commencement of litigation or any basis for potential litigation and, therefore, at a time when there was no dispute.» (newlawjournal.co.uk)
The commencement of the litigation is through the filing of a complaint just as in the Law Division. (wellslaw.com)
The case was settled for $ 25,000 shortly after the commencement of litigation. (curranlawoffice.com)