The importance of protecting without prejudice communications has recently been emphasised by our Court of Appeal (see: Court of Appeal underscores sanctity of “without prejudice” privilege), but clear cases of abuse of the privilege will not be protected. Ferster v Ferster and others [2016] EWCA Civ 717, in which the UK Court of Appeal held that the without prejudice rule had no application in circumstances of “unambiguous impropriety”, illustrates the point. ..
In the recent case of Minister of Education v Reidy McKenzie Limited [2016] NZCA 326, the Court of Appeal has rejected efforts by the Minister of Education (the Minister) to rely on financial accounts acquired by her in the course of settlement negotiations with Reidy McKenzie Limited (RML). ..
Law firm Parker & Associates says it now has more than 500 potential claimants for its leaky homes lawsuit against James Hardie Industries, transforming the case into a class action against the maker of Hardiflex cladding. ..