header-logo header-logo

Distilling the principles

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll