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
Summary, issues, holding and outcome
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Parties
Hanlon & Anr
Respondents
Rayson & Anr
Applicants
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether the meeting on 16 December 2013 was a without prejudice meeting
- 2 Whether privileged nature of the meeting was waived
- 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
Full Case Text
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