Share it

On appeal from: [2008] EWCA Civ 183. Appeal allowed: the rule in Prenn v Simmonds [1971] 1 WLR 1381, that pre-contractual negotiations were inadmissible, was re-affirmed.

The exclusionary rule did not impede the proper development of the law nor lead to results that were unjust or contrary to public policy. The rule was justified in the more general interest of economy and predictability in obtaining advice and adjudicating disputes. The use of such pre-contractual negotiations as evidence to support claims for rectification or estoppel were not exceptions to the rule but, instead, operated outside it.

For judgment, please download:  [2009] UKHL 38
On appeal from: [2008] EWCA Civ 183

Tags: ,