- High Court clarifies recognised exceptions to without prejudice protection (Berkeley Square Holdings and others v Lancer Property Asset Management Ltd)
- What are the practical implications of this case?
- What is the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: This High Court decision provides a detailed analysis of a number of the exceptions to the without prejudice (WP) rule set out in Unilever Plc v Proctor & Gamble Co and gives useful clarifications of the misrepresentation or fraud exception (never previously applied in any reported English case) and the exception set out in Muller v Linsley and Mortimer. In this case, it was found that the defendants were allowed to rely on statements they had made in their position statements in an earlier mediation as the statements were admissible under exceptions to the WP rule. Written by Natalie Todd, partner, and Caitlin Foster, trainee solicitor, at PCB Litigation LLP.
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