Williams v Hull

Williams v Hull

The letter dated 19 October 2007 is a negotiating document protected by the without prejudice rule, and its admission is not justified by the unambiguous impropriety exception, as mere inconsistency with a party's pleaded case does not amount to such impropriety.

Parties
Claimant/respondent: Robin Jeanne Williams; Defendant/appellant: Anthony Steven Hull
Jurisdiction
England and Wales
Judgment Date
19 November 2009
Procedural Posture
Civil Appeal / Appeal From County Court Decision to High Court (chancery Division)
Outcome
Appeal allowed
Legal Topics
Without Prejudice Rule, Admissibility of Evidence, Trusts of Land, Cohabitation Disputes, Settlement Negotiations
Civil Procedure Property Law Without Prejudice Rule Admissibility of Evidence Trusts of Land Cohabitation Disputes Settlement Negotiations

Case Brief

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Parties

Robin Jeanne Williams

Claimant/respondent

Anthony Steven Hull

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Decision to High Court (chancery Division)

Legal Issues

  1. 1 Whether the letter dated 19 October 2007 is protected by the without prejudice rule
  2. 2 Whether the letter is admissible under the unambiguous impropriety exception

Ratio Decidendi

The letter dated 19 October 2007 is a negotiating document protected by the without prejudice rule, and its admission is not justified by the unambiguous impropriety exception, as mere inconsistency with a party's pleaded case does not amount to such impropriety.

Court Disposition

Appeal allowed

Orders

  • The letter dated 19 October 2007 is inadmissible as evidence at trial under the without prejudice rule.