Oceanbulk Shipping & Trading SA v TMT Asia Ltd & Ors [2009] EWHC 1946 (Comm) (29 July 2009)

Oceanbulk Shipping & Trading SA v TMT Asia Ltd & Ors [2009] EWHC 1946 (Comm) (29 July 2009)

Evidence of without prejudice exchanges is admissible to the extent it would be admissible had the exchanges not been without prejudice, including for interpreting the Settlement Agreement, supporting an estoppel, and addressing remoteness of damages, where justice requires and relevant exceptions to the exclusionary rule apply.

Citation
[2009] EWHC 1946 (Comm)
Parties
Claimant: Oceanbulk Shipping & Trading SA; Defendants: TMT Asia Limited & 3 Others
Jurisdiction
England and Wales
Judgment Date
29 July 2009
Procedural Posture
Commercial Court Litigation / Interlocutory Application Regarding Admissibility of Evidence and Amendment of Pleadings
Outcome
Application to strike out TMT's pleadings refused; TMT permitted to amend pleadings to allege estoppel based on without prejudice exchanges; declaration sought by Oceanbulk refused.
Legal Topics
Without Prejudice Rule, Interpretation of Settlement Agreements, Admissibility of Evidence, Estoppel, Remoteness of Damages
Contract Law Civil Procedure Evidence Without Prejudice Rule Interpretation of Settlement Agreements Admissibility of Evidence Estoppel Remoteness of Damages

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Parties

Oceanbulk Shipping & Trading SA

Claimant

TMT Asia Limited & 3 Others

Defendants

Procedural Posture

Commercial Court Litigation / Interlocutory Application Regarding Admissibility of Evidence and Amendment of Pleadings

Legal Issues

  1. 1 Whether evidence of without prejudice negotiations is admissible to interpret a settlement agreement, support an estoppel, or address remoteness of damages; whether TMT may amend pleadings to allege estoppel based on such negotiations.

Ratio Decidendi

Evidence of without prejudice exchanges is admissible to the extent it would be admissible had the exchanges not been without prejudice, including for interpreting the Settlement Agreement, supporting an estoppel, and addressing remoteness of damages, where justice requires and relevant exceptions to the exclusionary rule apply.

Court Disposition

Application to strike out TMT's pleadings refused; TMT permitted to amend pleadings to allege estoppel based on without prejudice exchanges; declaration sought by Oceanbulk refused.

Orders

  • TMT may rely on evidence of without prejudice negotiations for interpretation, remoteness, and estoppel.
  • TMT permitted to amend pleadings to allege estoppel.