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

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

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

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

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.