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Avonwick Holdings Limited v Webinvest Limited and Mikhail Shlosberg  EWHC 3322 (Ch)
The Chancery Division has allowed documents marked as 'without prejudice' to be admissible as evidence at the forthcoming trial. In doing so, it held the documents were not covered by the 'without prejudice' privilege as there was no genuine dispute at the time the documents came into being (applying Bradford & Bingley). This judgment is a useful reminder of the key authorities and criteria applied in determining admissibility of documents labelled as 'without prejudice'.
Summary and practical implications
In allowing the 'without prejudice' documents to be admissible at trial, the judge held, among other things:
For more information on the issues raised in this judgment, see For the full findings in the instant application and a detailed background to the matter, see the full judgment.
Date of judgment: 10 October 2014
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Without prejudice communications
Pre-contractual negotiations and statements
(Subscriber to Dispute Resolution access only)
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First published on Lexis PSL Dispute Resolution
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