Hanlon & Anr v Rayson & Anr [2016] EWCA Civ 1168 (08 November 2016)

Hanlon & Anr v Rayson & Anr [2016] EWCA Civ 1168 (08 November 2016)

The judge was entitled on the evidence to find that the meeting was not without prejudice as it was a fact-finding exercise, not a negotiation or compromise; there is no real prospect of success in challenging this finding.

Citation
[2016] EWCA Civ 1168
Parties
Respondents: Hanlon & Anr; Applicants: Rayson & Anr
Jurisdiction
England and Wales
Judgment Date
08 November 2016
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Without Prejudice Privilege, Strike Out Application, Permission to Appeal, Settlement Negotiations

Case Brief

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Parties

Hanlon & Anr

Respondents

Rayson & Anr

Applicants

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

  1. 1 Whether the meeting on 16 December 2013 was a without prejudice meeting
  2. 2 Whether privileged nature of the meeting was waived
  3. 3 Whether the judge erred in refusing to strike out parts of the reply and witness statements

Ratio Decidendi

The judge was entitled on the evidence to find that the meeting was not without prejudice as it was a fact-finding exercise, not a negotiation or compromise; there is no real prospect of success in challenging this finding.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused