Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors

Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors

The mediation statements are admissible under exception (2) to the without prejudice rule because the claimants' case puts in issue the authority and knowledge of their agent in entering into the settlement deeds. There is no principled basis to distinguish between using such evidence to set aside or to uphold an agreement. The appeal is dismissed on this ground. Exception (6) does not apply in two-party cases where waiver is possible, and no new exception is established in this case.

Parties
Appellants: Berkeley Square Holdings Limited & Others; Respondents: Lancer Property Asset Management Limited & Others
Jurisdiction
England and Wales
Judgment Date
15 April 2021
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Application to Strike Out Defence Paragraphs
Outcome
Appeal dismissed
Legal Topics
Without Prejudice Rule, Exceptions to Without Prejudice Privilege, Mediation Statements, Authority of Agent, Fraud, Estoppel
Civil Procedure Contract Law Evidence Without Prejudice Rule Exceptions to Without Prejudice Privilege Mediation Statements Authority of Agent Fraud +1 more

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Parties

Berkeley Square Holdings Limited & Others

Appellants

Lancer Property Asset Management Limited & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Application to Strike Out Defence Paragraphs

Legal Issues

  1. 1 Whether statements made in mediation are admissible under exceptions to the without prejudice rule
  2. 2 Whether exception (2) (misrepresentation, fraud, undue influence) applies to allow admission of mediation statements to rebut claim of lack of authority/fraud
  3. 3 Whether exception (6) (justiciability/Muller exception) applies in two-party cases

Ratio Decidendi

The mediation statements are admissible under exception (2) to the without prejudice rule because the claimants' case puts in issue the authority and knowledge of their agent in entering into the settlement deeds. There is no principled basis to distinguish between using such evidence to set aside or to uphold an agreement. The appeal is dismissed on this ground. Exception (6) does not apply in two-party cases where waiver is possible, and no new exception is established in this case.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the mediation statements are admissible in evidence under exception (2) to the without prejudice rule.