BE v DE [2014] EWHC 2318 (Fam) (24 June 2014)

BE v DE [2014] EWHC 2318 (Fam) (24 June 2014)

There was not, at the relevant time, a sufficiently defined dispute between the parties to engage the without prejudice rule, nor was it objectively clear that the meeting and document were intended as settlement negotiations. Even if the rule applied, the husband's subsequent statements justified the wife's reference to the document. The application for redaction is dismissed.

Citation
[2014] EWHC 2318 (Fam)
Parties
Petitioner (respondent): BE; Respondent (applicant): DE
Jurisdiction
England and Wales
Judgment Date
24 June 2014
Procedural Posture
Family Law (divorce/jurisdiction) / Interlocutory Application for Redaction of Evidence
Outcome
Application dismissed
Legal Topics
Without Prejudice Rule, Jurisdiction in Divorce, Admissibility of Evidence, Waiver of Privilege
Family Law Evidence Without Prejudice Rule Jurisdiction in Divorce Admissibility of Evidence Waiver of Privilege

Case Brief

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Parties

BE

Petitioner (respondent)

DE

Respondent (applicant)

Procedural Posture

Family Law (divorce/jurisdiction) / Interlocutory Application for Redaction of Evidence

Legal Issues

  1. 1 Whether the 'without prejudice' rule applies to a document presented by the husband to the wife during a meeting on 22 April 2013
  2. 2 Whether there was a sufficient dispute between the parties to engage the without prejudice principle
  3. 3 Whether the circumstances objectively indicated an attempt to settle a dispute

Ratio Decidendi

There was not, at the relevant time, a sufficiently defined dispute between the parties to engage the without prejudice rule, nor was it objectively clear that the meeting and document were intended as settlement negotiations. Even if the rule applied, the husband's subsequent statements justified the wife's reference to the document. The application for redaction is dismissed.

Court Disposition

Application dismissed

Orders

  • The husband's application for redaction of the wife's affidavit and exhibit is dismissed.