Kings Security Systems Ltd v King & Anor [2020] EWHC 2996 (Ch) (09 November 2020)

Kings Security Systems Ltd v King & Anor [2020] EWHC 2996 (Ch) (09 November 2020)

The July 2017 negotiations between Claimant and TCH were without prejudice, but admissible under the concluded agreement and mitigation exceptions to the without prejudice rule; Claimant must disclose withheld documents as the exceptions apply and the evidence is necessary to resolve issues pleaded.

Citation
[2020] EWHC 2996 (Ch)
Parties
Claimant: Kings Security Systems Limited; First Defendant: Anthony Douglas King; Second Defendant: Stephen John James Evans
Jurisdiction
England and Wales
Judgment Date
09 November 2020
Procedural Posture
Pre Trial Review (chancery Division) / Interlocutory Application Regarding Admissibility of Evidence
Outcome
Application granted; without prejudice materials admissible; Claimant must disclose withheld documents.
Legal Topics
Without Prejudice Privilege, Admissibility of Settlement Negotiations, Mitigation of Loss, Exceptions to Without Prejudice Rule
Civil Procedure Evidence Contract Law Without Prejudice Privilege Admissibility of Settlement Negotiations Mitigation of Loss Exceptions to Without Prejudice Rule

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Parties

Kings Security Systems Limited

Claimant

Anthony Douglas King

First Defendant

Stephen John James Evans

Second Defendant

Procedural Posture

Pre Trial Review (chancery Division) / Interlocutory Application Regarding Admissibility of Evidence

Legal Issues

  1. 1 Whether negotiations between Claimant and TCH in July 2017 were without prejudice
  2. 2 Whether without prejudice materials are admissible under recognised exceptions
  3. 3 Whether Claimant acted reasonably to mitigate its loss

Ratio Decidendi

The July 2017 negotiations between Claimant and TCH were without prejudice, but admissible under the concluded agreement and mitigation exceptions to the without prejudice rule; Claimant must disclose withheld documents as the exceptions apply and the evidence is necessary to resolve issues pleaded.

Court Disposition

Application granted; without prejudice materials admissible; Claimant must disclose withheld documents.

Orders

  • Claimant to disclose withheld documents relating to July 2017 meeting with TCH.
  • Claimant's application to recover document no. 7912 does not arise.