Suh & Anor v Mace (UK) Ltd

The entirety of the discussions between Mrs Suh and the landlord's solicitor were protected by without prejudice privilege as they were objectively aimed at settlement. There was no abuse of the privilege by Mrs Suh, and the tenants' conduct did not amount to a waiver. The trial judge erred in admitting the evidence, and the admissions were inadmissible.

Parties: Claimant/appellant: Sang Kook Suh; Claimant/appellant: Mi Jung Suh; Defendant/respondent: Mace (UK) Limited
Jurisdiction: England and Wales
Judgment Date: 15 January 2016
Procedural Posture: Civil Appeal / Appeal From Trial Judgment on Admissibility of Evidence
Outcome: Appeal allowed
Legal Topics: Without Prejudice Privilege, Admissibility of Evidence, Waiver of Privilege, Abuse of Privilege

Civil Procedure Evidence Without Prejudice Privilege Admissibility of Evidence Waiver of Privilege Abuse of Privilege

Case Brief

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Parties

Sang Kook Suh

Claimant/appellant

Mi Jung Suh

Claimant/appellant

Mace (UK) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment on Admissibility of Evidence

Legal Issues

1 Whether discussions between Mrs Suh and the landlord's solicitor were protected by without prejudice privilege
2 Whether the privilege was waived by the tenants' conduct
3 Whether the privilege was abused by Mrs Suh to shield perjury or impropriety

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Admissions recorded in the attendance notes and statements are inadmissible at trial as covered by un-waived without prejudice privilege.
Order for a re-trial of the substantive issues before a different judge.