Briggs & Ors v Clay & Ors

Briggs & Ors v Clay & Ors

The content of the without prejudice communications between the Claimants and Aon is inadmissible in these proceedings. Aon has not waived privilege, and no exception to the without prejudice rule applies. The fact of the communications (i.e., that they occurred) may be referred to if relevant, but not their content.

Parties
Claimant: Christopher James Briggs and Others; Defendant: Alexander Clay; Defendant: Aon Consulting Financial Services Limited; Defendant: Aon Consulting Limited; Defendant: Aon UK Limited; Defendant: Gowling WLG (UK) LLP; Defendant: Paul Newman QC
Jurisdiction
England and Wales
Judgment Date
25 February 2019
Procedural Posture
Civil (professional Negligence) / Interlocutory Application (admissibility of Without Prejudice Communications)
Outcome
Application granted in part; content of without prejudice communications inadmissible; fact of communications admissible if relevant.
Legal Topics
Without Prejudice Privilege, Waiver of Privilege, Exceptions to Without Prejudice Rule, Contribution Claims, Mitigation of Loss
Civil Procedure Professional Negligence Evidence Without Prejudice Privilege Waiver of Privilege Exceptions to Without Prejudice Rule Contribution Claims Mitigation of Loss

Case Brief

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Parties

Christopher James Briggs and Others

Claimant

Alexander Clay

Defendant

Aon Consulting Financial Services Limited

Defendant

Aon Consulting Limited

Defendant

Aon UK Limited

Defendant

Gowling WLG (UK) LLP

Defendant

Paul Newman QC

Defendant

Procedural Posture

Civil (professional Negligence) / Interlocutory Application (admissibility of Without Prejudice Communications)

Legal Issues

  1. 1 Whether the content of 'without prejudice' communications between the Claimants and Aon is admissible in the proceedings.
  2. 2 Whether Aon has waived privilege in the without prejudice communications by its pleadings or conduct.
  3. 3 Whether an exception to the without prejudice rule applies (Muller exception or otherwise) to allow the Lawyer Defendants to rely on the communications.

Ratio Decidendi

The content of the without prejudice communications between the Claimants and Aon is inadmissible in these proceedings. Aon has not waived privilege, and no exception to the without prejudice rule applies. The fact of the communications (i.e., that they occurred) may be referred to if relevant, but not their content.

Court Disposition

Application granted in part; content of without prejudice communications inadmissible; fact of communications admissible if relevant.

Orders

  • Declaration that the content of without prejudice communications between the Claimants and Aon is inadmissible in the proceedings.
  • Order that Lawyer Defendants serve replacement Defences omitting without prejudice content.