Archive for the 'without prejudice communications' Category

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR daily

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others  [2010] UKSC 44; [2010] WLR(D) 270 

“Facts communicated between parties in the course of ‘without prejudice’ negotiations which, but for the ‘without prejudice’ rule, would be admissible as part of the factual matrix or surrounding circumstances as an aid to construction of the resulting agreement, were admissible in evidence, as an exception to the rule, in a subsequent dispute between the parties as to the proper meaning of a clause in the agreement.”

WLR Daily, 29th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR Daily

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others [2010] EWCA Civ 79; [2010] WLR (D) 40

“There was not, and need not be, an exception to the ‘without prejudice’ rule such as to permit evidence of ‘without prejudice’ communications and discussions to be given if there was a dispute about the interpretation of a written settlement agreement.”

WLR Daily, 16th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v K (Matrimonial proceedings: Privilege against self-incrimination) – Times Law Report

Regina v K (Matrimonial proceedings: Privilege against self-incrimination)

Court of Appeal (Criminal Division)

“While information disclosed under compulsion in matrimonial ancillary relief proceedings was not admissible in criminal proceedings, admissions made in withoutprejudice negotiations were not inadmissible.”

The Times, 19th August 2009

Source: www.timesonline.co.uk

High Court allows evidence of ‘without prejudice’ exchanges to aid interpretation – OUT-LAW.com

“Evidence of negotiations that were conducted on a ‘without prejudice’ basis can be admitted in court proceedings to aid the interpretation of a settlement agreement, a High Court judge has ruled.”

Full story

OUT-LAW.com, 12th August 2009

Source: www.out-law.com

R v K(A) – WLR Daily

R v K(A) [2009] EWCA Crim 1640; [2009] WLR (D) 269

“A party to ancillary relief proceedings was not entitled to invoke the privilege against self-incrimination to withhold information about his income and assets that exposed him to a risk of prosecution but since he would in those circumstances be acting under compulsion the information he provided would not be admissible against him in criminal proceedings.”

WLR Daily, 31st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lords bolster protection for ‘without prejudice’ negotiations – OUT-LAW.com

“The House of Lords has confirmed that negotiations conducted on a ‘without prejudice’ basis should not be brought up in court unless under very unusual circumstances. The Lords confirmed that there was a good public policy reason for the protection.”

Full story

OUT-LAW.com, 1st April 2009

Source: www.out-law.com

Ofulue v Bossert – WLR Daily

Ofulue v Bossert [2009] UKHL 16; [2009] WLR (D) 91

An offer by a squatter to buy the property from the owners in a letter marked ‘without prejudice’ could not be used as evidence that she had acknowledged the owners’ title to the property so as to defeat her claim to adverse possession.”

WLR Daily, 12th March 2009

Source: www.lawreprots.co.uk 

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed. 


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