Kings Security Systems Ltd v King & Anor

Kings Security Systems Ltd v King & Anor

The negotiations between the Claimant and TCH were without prejudice, but exceptions apply because the existence and terms of any concluded agreement and the issue of mitigation of loss are central to the pleadings and cannot be fairly determined without admitting the evidence. The Claimant must disclose the withheld documents, and the application to recover document no. 7912 does not arise.

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
Civil / Pre Trial Review; Application for Case Management Directions on Admissibility of Without Prejudice Negotiations
Outcome
Application dismissed; Claimant ordered to disclose documents; application to recover document no. 7912 does not arise.
Legal Topics
Without Prejudice Privilege, Admissibility of Evidence, Mitigation of Loss, Settlement Agreements, Disclosure of Documents
Civil Procedure Contract Law Evidence Without Prejudice Privilege Admissibility of Evidence Mitigation of Loss Settlement Agreements Disclosure of Documents

Case Brief

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Parties

Kings Security Systems Limited

Claimant

Anthony Douglas King

First Defendant

Stephen John James Evans

Second Defendant

Procedural Posture

Civil / Pre Trial Review; Application for Case Management Directions on Admissibility of Without Prejudice Negotiations

Legal Issues

  1. 1 Whether negotiations between the Claimant and TCH were without prejudice and thus inadmissible
  2. 2 Whether exceptions to the without prejudice rule apply, permitting disclosure and admissibility of the negotiations
  3. 3 Whether the Claimant is required to disclose documents relating to the negotiations

Ratio Decidendi

The negotiations between the Claimant and TCH were without prejudice, but exceptions apply because the existence and terms of any concluded agreement and the issue of mitigation of loss are central to the pleadings and cannot be fairly determined without admitting the evidence. The Claimant must disclose the withheld documents, and the application to recover document no. 7912 does not arise.

Court Disposition

Application dismissed; Claimant ordered to disclose documents; application to recover document no. 7912 does not arise.

Orders

  • Claimant must disclose the withheld documents relating to the July 2017 meeting with TCH.
  • Application for return or destruction of document no. 7912 does not arise.