The Royal Court of Guernsey has dismissed an application to admit privileged communications. Joseph de Lacey discusses ‘In order to test the decision-making process, D applied for disclosure of documents evidencing the decision and the decision-making process, permission to adduce expert evidence as to the trusts‘ value, and permission to cross-examine the trustees.‘ The Royal …
Continue reading "The ‘without prejudice‘ rule: A sacred right?"
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In the second of two articles focusing on mediation, John Starr considers confidentiality and privilege ‘It is clear that communications that take place in the context of mediation are confidential and the parties will often sign a mediation agreement to that effect.’ In last month’s column, I looked at the question of whether the enthusiasm …
Continue reading "Construction Focus: Time for a new privilege?"
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Wills & Trusts Law Reports | March 2015 #147W and the defendant embarked on a project with the aim of acquiring a substantial interest in an English company, TSE, which started with the acquisition of 125,000 TSE shares in 2002 (the first tranche). In 2003 they attempted to make additional acquisitions of TSE shares, such attempts involving three of W’s companies, including the plaintiff. The overall scheme was that funds would be provided by one company, Assanzon, for the acquisition of shares for another company, Momentum, which were held for its beneficial owners which were principally the plaintiff company, Libertarian. The fu...
Clare Toomer considers the decision in Avonwick v Webinvest [2014] ‘Parties should be aware that while the express marking of documents as without prejudice remains a highly material factor in determining their status, it is not conclusive.’ It is often thought that heading a letter ‘without prejudice’ will protect it from being disclosed later in …
Continue reading "Privilege: Negotiation with prejudice"
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A recent ruling has provided welcome clarification of when pre-termination negotiations should remain privileged, report Johanna Johnson and Ronan O’Reilly ‘There are eight recognised exceptions to the application of the without prejudice rule, which were set out by Robert Walker LJ in Unilever plc v The Procter & Gamble Co [2000].’ The ‘without prejudice’ privilege …
Continue reading "Settlement Discussions: EAT aims to end dispute over without prejudice rule"
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Helen Cort examines the nature of without prejudice communications, competing public interests and privilege in ADR It appears that while mediation involving children matters does attract special protection, there is not a blanket exemption covering all mediation. Family lawyers will be familiar with without prejudice communications, but how often is a query raised as to …
Continue reading "In Practice: Always a privilege?"
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Employment tribunals are increasingly having to resolve discrimination claims brought against partnerships. Suzanne McKie and Laura Bell look at the key issues ‘When seeking to resolve disputes within a partnership structure, it is common to have informal “without-prejudice chats” between partners to keep disputes low-key.’It is fair to say that equity partners are becoming increasingly …
Continue reading "Discrimination Law: Claims by equity partners"
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