Ferster v Ferster & Ors

Ferster v Ferster & Ors

The threats made by Stuart and Warren Ferster in the mediation email went far beyond what was proper in settlement negotiations, including threats of criminal action, harm to Jonathan's family, and immediate publicity, all for personal financial gain. These threats constituted unambiguous impropriety, justifying the admission of the email into evidence under the exception to without prejudice privilege. The appeal was dismissed.

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
Civil Appeal / Appeal From High Court Decision on Application to Amend Petition
Outcome
Appeal dismissed
Legal Topics
Unfair Prejudice Petition, Without Prejudice Privilege, Unambiguous Impropriety Exception, Blackmail in Settlement Negotiations, Amendment of Pleadings
Company Law Civil Procedure Unfair Prejudice Petition Without Prejudice Privilege Unambiguous Impropriety Exception Blackmail in Settlement Negotiations Amendment of Pleadings

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

Civil Appeal / Appeal From High Court Decision on Application to Amend 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 the threats made in the email were improper and justified admission into evidence

Ratio Decidendi

The threats made by Stuart and Warren Ferster in the mediation email went far beyond what was proper in settlement negotiations, including threats of criminal action, harm to Jonathan's family, and immediate publicity, all for personal financial gain. These threats constituted unambiguous impropriety, justifying the admission of the email into evidence under the exception to without prejudice privilege. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The email is admissible as evidence in the unfair prejudice petition.