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On appeal from: [2010] EWCA Civ 79

The respondents appealed against the CoA decision that evidence of without prejudice negotiations could not be admitted as an aid to the construction of the settlement agreement. Held, unanimously allowing the appeal. Because of the importance of the without prejudice rule, its boundaries should not be lightly eroded. Nevertheless, the authorities clearly established that resort might be had to without prejudice material by way of exception to the rule where the justice of the case required it. Lord Clarke reached the conclusion that justice clearly demanded that the “interpretation exception” should be recognised as an exception to the without prejudice rule.

For judgment, please download: [2010] UKSC 44
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