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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll