Litigation Notes
Tag: without prejudice
Showing 31 out of 31 results
Reliance on term of "without prejudice" offer waived privilege in rest of offer
In considering costs issues following judgment in a complex patent action, the High Court had to determine whether it was appropriate for …
Supreme Court confirms new exception to the 'without prejudice' rule
In its judgment handed down on 27 October 2010 in Oceanbulk Trading & Shipping SA v TMT Asia [2010] UKSC 44, the Supreme Court added a new exception …
Without prejudice: extent of unambiguous impropriety exception clarified
In Williams v Hull [2009] EWHC 2844 (Ch) Arnold J upheld the 'without prejudice' status of a letter, deciding also that the 'unambiguous impropriety' …
House of Lords ruling on 'without prejudice'
The ruling of the House of Lords in Ofulue v Bossert [2009] UKHL 16 highlights the wide protection provided by the without prejudice rule to parties who …
Mediator summoned to give evidence at trial regarding the mediation
In the recent case of Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No. 2) [2009] EWHC 1102 …
Make it clear whether or not communications are intended to be "without prejudice"
Otherwise there is a risk that the court will find they were intended to be on an open basis: English & American Insurance Co Ltd v Axa Re SA [2006] …
Admissibility of without prejudice negotiations when ADR is refused
In the recent case of Reed Executive plc v Reed Business Information Ltd [2004] EWCA Civ 887 the Court of Appeal gave its first judgment on the issue of …