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.
