EXCEPTIONS TO THE WITHOUT PREJUDICE RULE: COURT OF APPEAL ALLOWS MATTERS SET OUT IN MEDIATION TO BE PLEADED IN A DEFENCE

In Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors [2021] EWCA Civ 551 the Court of Appeal upheld an order directing that statements made in  without prejudice  in mediation were disclosable and could be referred to in the defence.

 
THE CLAIM
The claima...

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