header-logo header-logo

28 March 2014 / Michael Salter , Chris Bryden
Issue: 7600 / Categories: Features , Employment
printer mail-detail

Distilling the principles

web_brydensalter

Michael Salter & Chris Bryden re-examine the without prejudice rule

The vexed issue of the without prejudice rule and its applicability to employment situations has again arisen at appellate level. The case of Portnykh v Nomura International plc [2014] IRLR 251, [2014] All ER (D) 52 (Jan) (judgment handed down on 5 November 2013, but embargoed until the conclusion of the hearing proper to avoid prejudice) considers both the issue of when there is a dispute, so as to engage the without prejudice rule, and also the question of the applicability of the “unambiguous impropriety” exception. The judgment of His Honour Judge Hand QC contains a thorough analysis of the applicable law and is well worth reading in full.

 

Communications

Without prejudice communications between the parties are prima facie not admissible before the tribunal unless both parties agree, or where admission is required to prove the existence of an agreement, or where non-disclosure would amount to the concealment of unambiguous impropriety or otherwise allow a dishonest case to be advanced.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Hugh James has secured 500 places on King’s College London’s new AI Literacy for Law course as part of a major firm-wide push to strengthen its responsible use of generative artificial intelligence
The criminal courts will sit to their maximum capacity next year, after the Lord Chancellor David Lammy lifted the cap on Crown Court sitting days
The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
back-to-top-scroll