Cardiff City Football Club Limited v William Arthur McKay & Ors

Cardiff City Football Club Limited v William Arthur McKay & Ors

The Defendants failed to demonstrate any unambiguous impropriety in the Claimant's conduct; the without prejudice communications were typical of hard-fought commercial litigation and remain protected. The Defendants are not entitled to rely on them in support of their strike out application.

Parties
Claimant: Cardiff City Football Club Limited; First Defendant: William Arthur McKay; Second Defendant: Mark McKay; Third Defendant: Janis McKay
Jurisdiction
England and Wales
Judgment Date
06 December 2025
Procedural Posture
Commercial Contempt Application / Interlocutory Judgment on Admissibility of Without Prejudice Communications in Support of Strike Out Application
Outcome
Defendants' application to rely on without prejudice communications dismissed; privilege upheld.
Legal Topics
Without Prejudice Privilege, Abuse of Process, Disclosure Obligations, Contempt of Court, Strike Out Applications
Civil Procedure Commercial Law Without Prejudice Privilege Abuse of Process Disclosure Obligations Contempt of Court Strike Out Applications

Case Brief

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Parties

Cardiff City Football Club Limited

Claimant

William Arthur McKay

First Defendant

Mark McKay

Second Defendant

Janis McKay

Third Defendant

Procedural Posture

Commercial Contempt Application / Interlocutory Judgment on Admissibility of Without Prejudice Communications in Support of Strike Out Application

Legal Issues

  1. 1 Whether the Defendants are entitled to rely on without prejudice communications to support an application to strike out a contempt application as an abuse of process
  2. 2 Whether the 'unambiguous impropriety' exception to without prejudice privilege applies in this case

Ratio Decidendi

The Defendants failed to demonstrate any unambiguous impropriety in the Claimant's conduct; the without prejudice communications were typical of hard-fought commercial litigation and remain protected. The Defendants are not entitled to rely on them in support of their strike out application.

Court Disposition

Defendants' application to rely on without prejudice communications dismissed; privilege upheld.

Orders

  • Defendants are not entitled to rely on without prejudice communications in support of their application to strike out the contempt application.
  • The contempt application will proceed to be heard before the end of July 2025.