Avonwick Holdings Ltd v Webinvest Ltd & Anor

Avonwick Holdings Ltd v Webinvest Ltd & Anor

Without prejudice privilege did not attach to the correspondence as there was no dispute at the time; no contract existed to extend privilege. Privilege regarding settlement negotiations with a third party was not waived and disclosure should not have been ordered.

Parties
Claimant/respondent: Avonwick Holdings Limited; Defendant/appellant: Webinvest Limited; Defendant/appellant: Mr Shlosberg
Jurisdiction
England and Wales
Judgment Date
17 October 2014
Procedural Posture
Civil Appeal / Appeal From Chancery Division Orders Regarding Admissibility of Evidence and Disclosure
Outcome
Appeal against David Richards J's order dismissed; appeal against Her Honour Judge Walden-Smith's order allowed to the extent that disclosure should not have been ordered.
Legal Topics
Without Prejudice Privilege, Disclosure, Settlement Negotiations, Contractual Agreements
Evidence Contract Law Without Prejudice Privilege Disclosure Settlement Negotiations Contractual Agreements

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Parties

Avonwick Holdings Limited

Claimant/respondent

Webinvest Limited

Defendant/appellant

Mr Shlosberg

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Chancery Division Orders Regarding Admissibility of Evidence and Disclosure

Legal Issues

  1. 1 Whether 'without prejudice' privilege attaches to communications absent a dispute
  2. 2 Whether parties can contractually extend 'without prejudice' privilege
  3. 3 Whether privilege was waived regarding settlement negotiations with a third party

Ratio Decidendi

Without prejudice privilege did not attach to the correspondence as there was no dispute at the time; no contract existed to extend privilege. Privilege regarding settlement negotiations with a third party was not waived and disclosure should not have been ordered.

Court Disposition

Appeal against David Richards J's order dismissed; appeal against Her Honour Judge Walden-Smith's order allowed to the extent that disclosure should not have been ordered.

Orders

  • Correspondence not privileged and admissible in evidence.
  • Disclosure of settlement negotiations with third party not required.