High Court finds “without prejudice” statements contained in mediation paper were admissible to defend against allegation of fraud

The High Court has held that statements made in a “without prejudice” (WP) mediation paper were admissible as they were to be used to rebut allegations of fraud, by showing that the claimants had known about, and approved, the transactions said to constitute the alleged fraud: Berkeley Square Holdings v Lancer Property Asset Management Ltd … Read more

High Court finds evidence of without prejudice discussions should be admitted to establish real risk of dissipation of assets in support of freezing injunction

The High Court has held that evidence of statements made in “without prejudice” settlement discussions should be admitted in support of an application for a freezing order. The respondents’ threat – to move assets and structure its affairs to frustrate the applicants’ enforcement of a US judgment – fell within the narrow “unambiguous impropriety” exception … Read more

Court of Appeal considers whether “ordinary and proper course of business” undertaking prevents financing ICSID case and funding extradition defence of company director

The Court of Appeal has overturned two High Court orders that a mining company’s proposed payments to fund litigation by related parties were not permitted under the company’s undertaking not to dispose of or deal with its funds “other than in the ordinary and proper course of its business”: Koza Ltd v Akcil & Ors … Read more

Notable increase in interim privacy injunctions sought and obtained in the second half of 2017

In March 2018, the Ministry of Justice published quarterly provisional civil justice statistics for England and Wales. These statistics include interesting details regarding the increase in court applications for privacy injunctions in 2017. The guidance to the Civil Justice Statistics Quarterly bulletin published in December 2017 notes that the statistics provided in respect of privacy … Read more