Category: without prejudice communications

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others; Zodiac Seats UK Ltd and another v Virgin Atlantic Airways Ltd; Premium Aircraft Interiors UK Ltd v Comptroller General of Patents, Designs and Trade Marks and another – WLR Daily

Posted November 28th, 2012 in costs, law reports, part 36 offers, privilege, without prejudice communications by sally

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others; Zodiac Seats UK Ltd and another v Virgin Atlantic Airways Ltd; Premium Aircraft Interiors UK Ltd v Comptroller General of Patents, Designs and Trade Marks and another [2012] EWHC 3318 (Pat); [2012] WLR (D) 349

“A party that referred the court to a term of an offer made by it pursuant to CPR Pt 36 waived its without prejudice privilege and could not prevent the remaining terms of the offer from being referred to the court.”

WLR Daily, 23rd November 2012

Source: www.iclr.co.uk

Best Buy Co Inc and another v Worldwide Sales Corporation Espaňa SL – WLR Daily

Posted May 26th, 2011 in appeals, law reports, trade marks, without prejudice communications by sally

Best Buy Co Inc and another v Worldwide Sales Corporation Espaňa SL [2011] EWCA Civ 618; [2011] WLR (D) 173

“A person threatened another with proceedings for infringement of a registered trade mark within section 21 of the Trade Marks Act 1994 if he stated or implied that he would bring a claim if the other did not agree to the terms he proposed. The test to be applied was whether a reasonable recipient would understand the statements made to indicate nor merely an assertion of legal rights but an intention to enforce those rights.”

WLR Daily, 24th May 2011

Source: www.iclr.co.uk

Please note that 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

Posted October 29th, 2010 in evidence, law reports, privilege, without prejudice communications by sally

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

Posted February 17th, 2010 in evidence, law reports, privilege, without prejudice communications by sally

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

Posted August 19th, 2009 in law reports, privilege, self-incrimination, without prejudice communications by sally

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

Posted August 12th, 2009 in interpretation, news, without prejudice communications by sally

“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

Posted August 3rd, 2009 in law reports, self-incrimination, without prejudice communications by sally

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

Posted April 1st, 2009 in news, without prejudice communications by sally

“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

Posted March 13th, 2009 in adverse possession, law reports, without prejudice communications by sally

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.

Ofulue and Another v Bossert – Times Law Reports

Posted March 13th, 2009 in adverse possession, law reports, without prejudice communications by sally

Ofulue and Another v Bossert

House of Lords

“Where an occupier disputing possession proceedings made an offer to the owners to buy the property in a ‘without prejudice’ letter, which was rejected, but later claimed that the title of the property had passed to her because of 12 years’ adverse possession, the owners could not rely on the letter as evidence that she had acknowledged their title to the property so as to defeat her claim.”

The Times, 13th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.