BE v DE

BE v DE

There was no sufficiently definable dispute between the parties at the relevant time to engage the without prejudice protection, and even if there was, it was not clear from the circumstances that the parties were seeking to compromise such dispute. The husband's application for redaction is dismissed.

Parties
Petitioner (respondent): BE; Respondent (applicant): DE
Jurisdiction
England and Wales
Judgment Date
24 June 2014
Procedural Posture
Family Law Divorce / Interlocutory Application for Redaction
Outcome
Application dismissed
Legal Topics
Without Prejudice Privilege, Jurisdiction, Divorce Proceedings, Settlement Negotiations
Family Law Evidence Without Prejudice Privilege Jurisdiction Divorce Proceedings Settlement Negotiations

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Parties

BE

Petitioner (respondent)

DE

Respondent (applicant)

Procedural Posture

Family Law Divorce / Interlocutory Application for Redaction

Legal Issues

  1. 1 Whether the wife's affidavit and exhibit should be redacted for breaching the without prejudice principle
  2. 2 Whether the meeting and document were protected by without prejudice privilege
  3. 3 Whether there was a dispute sufficient to engage without prejudice protection

Ratio Decidendi

There was no sufficiently definable dispute between the parties at the relevant time to engage the without prejudice protection, and even if there was, it was not clear from the circumstances that the parties were seeking to compromise such dispute. The husband's application for redaction is dismissed.

Court Disposition

Application dismissed

Orders

  • The wife's affidavit and exhibit are not to be redacted or removed.