Ferster v Ferster & Ors [2016] EWCA Civ 717 (12 July 2016)

Ferster v Ferster & Ors [2016] EWCA Civ 717 (12 July 2016)

The threats made in the email, including threats of committal, criminal proceedings, and reputational harm to Jonathan and his partner unless he paid an increased price for shares, constituted unambiguous impropriety. The threats were not justified by any increase in share value and were used as improper leverage for personal gain. The email was therefore admissible under the exception to without prejudice privilege.

Citation
[2016] EWCA Civ 717
Parties
Petitioner/respondent: Jonathan Ferster; Respondent/appellant: Stuart Ferster; Respondent/appellant: Warren Ferster; Respondent/appellant: Interactive Technology Company Limited
Jurisdiction
England and Wales
Judgment Date
12 July 2016
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court Order Permitting Amendment of Petition
Outcome
Appeal dismissed
Legal Topics
Unfair Prejudice Petition, Without Prejudice Privilege, Unambiguous Impropriety Exception, Admissibility of Evidence, Blackmail and Improper Threats
Company Law Civil Procedure Unfair Prejudice Petition Without Prejudice Privilege Unambiguous Impropriety Exception Admissibility of Evidence Blackmail and Improper Threats

Case Brief

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Parties

Jonathan Ferster

Petitioner/respondent

Stuart Ferster

Respondent/appellant

Warren Ferster

Respondent/appellant

Interactive Technology Company Limited

Respondent/appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court Order Permitting Amendment of Petition

Legal Issues

  1. 1 Whether the contents of a mediation email fell within the 'unambiguous impropriety' exception to without prejudice privilege
  2. 2 Whether threats made in the email constituted improper conduct justifying admissibility

Ratio Decidendi

The threats made in the email, including threats of committal, criminal proceedings, and reputational harm to Jonathan and his partner unless he paid an increased price for shares, constituted unambiguous impropriety. The threats were not justified by any increase in share value and were used as improper leverage for personal gain. The email was therefore admissible under the exception to without prejudice privilege.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the amendment to the petition is permitted; the email is admissible as evidence.