Brunel University & Anor v Webster & Anor [2007] EWCA Civ 482 (22 May 2007)

Brunel University & Anor v Webster & Anor [2007] EWCA Civ 482 (22 May 2007)

On the unusual facts, the conduct of both parties at the formal, independent grievance hearings and in subsequent tribunal pleadings amounted to a bilateral waiver of 'without prejudice' privilege. The independent panel was not within the privileged circle, and both parties' actions objectively demonstrated an intention to waive privilege. Accordingly, evidence of settlement discussions was admissible.

Citation
[2007] EWCA Civ 482
Parties
Appellant: Brunel University; Appellant: Professor Schwartz; 1st Respondent: Ms G Webster; 2nd Respondent: Professor S Vaseghi
Jurisdiction
England and Wales
Judgment Date
22 May 2007
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Without Prejudice Privilege, Waiver of Privilege, Victimisation, Discrimination, Employment Tribunal Procedure
Employment Law Evidence Without Prejudice Privilege Waiver of Privilege Victimisation Discrimination Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Brunel University

Appellant

Professor Schwartz

Appellant

Ms G Webster

1st Respondent

Professor S Vaseghi

2nd Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether 'without prejudice' privilege was waived in grievance proceedings and subsequent tribunal litigation
  2. 2 Whether an exception to 'without prejudice' privilege exists in discrimination/victimisation cases

Ratio Decidendi

On the unusual facts, the conduct of both parties at the formal, independent grievance hearings and in subsequent tribunal pleadings amounted to a bilateral waiver of 'without prejudice' privilege. The independent panel was not within the privileged circle, and both parties' actions objectively demonstrated an intention to waive privilege. Accordingly, evidence of settlement discussions was admissible.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • The appeal by Brunel University and Professor Schwartz is dismissed.
  • The cross-appeal by Ms Webster and Professor Vaseghi is allowed.