‘Without prejudice’ mediation materials admissible to uphold settlement agreement

This Court of Appeal ruling considers the ambit of existing exceptions to the ‘without prejudice’ rule. The defendant was successful in getting statements made in ‘without prejudice’ mediation position papers admitted in evidence to uphold a settlement agreement which the claimant sought to set aside. Berkeley Square Holdings & ors v Lancer Property Asset Management Ltd & ors [2021] EWCA Civ 551...
By: Allen & Overy LLP

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