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Drafting: Unintended consequences
Tim Hardy investigates practical considerations in the light of the decision in Oceanbulk ‘It is trite law that statements made in the course of genuine settlementegotiations are subject to without prejudice privilege, and evidence of those statements is only admissible in limited circumstances.’The Supreme Court, in Oceanbulk Shipping & Trading SA v TMT Asia Ltd …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Farm Assist Ltd v The Secretary of State for the Environment, Food and Rural Affairs (No 2) [2009] EWHC 1102 (TCC)
- Oceanbulk Shipping & Trading SA v TMT Asia Ltd & ors [2010] UKSC 44
- Proforce Recruit Ltd v The Rugby Group Ltd [2006] EWCA Civ 69