header-logo header-logo

An exception to the rule

13 January 2011 / Davina Watson
Issue: 7448 / Categories: Features , Commercial
printer mail-detail

How protected are your settlement negotiations? Davina Watson investigates post Oceanbulk

The recent Supreme Court ruling in Oceanbulk Shipping & Trading SA v TMT Asia Ltd and others [2010] UKSC 44, [2010] All ER (D) 250 (Oct) has widened the exceptions to the long established principle that “without prejudice” communications are not admissible in evidence. However, as shown below, the judgment has merely widened the limited exceptions to the without prejudice rule (the Rule)—the underlying principle to encourage free discussion during settlement negotiations remains. 

Oceanbulk: background facts

The parties’ original dispute related to a series of forward freight agreements. The parties entered into without prejudice negotiations which resulted in a settlement agreement. Subsequently a dispute arose about the construction of one of the terms of the agreement. There was no issue as to the existence of the terms of the settlement agreement. The parties agreed that all terms were accurately recorded and neither party was seeking rectification of the agreement.

The issue between the parties was whether TMT was entitled to rely

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll