11/10/2025
A Treat for Litigation Enthusiasts ⚖️
Yesterday during Speaking Club meeting our discussion centered on « without prejudice » principle - a cornerstone of public policy that safeguards the confidentiality of settlement negotiations and, in doing so, motivates parties to resolve the disputes amicably rather than through litigation.
We revisited the case of Oceanbulk Shipping v Trading SA (Respondent) v TMT Asia Limited and others (Appellants) [2010] UKSC 44 which explored the delicate balance between confidentiality and justice. Specifically, it delved into the exceptions to the « without prejudice » rule - those circumstances where disclosure may be needed and authorised, such as when interpreting or rectifying a settlement agreement that emerged from the protected negotiations.
Decided by the UKSupremeCourt in 2010, this case remains an apt consolidation of key exceptions to such an essential principle in civil litigation — well worth a read for anyone fascinated by the intricacies of dispute resolution.
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