St James's Place Wealth Management plc & Ors v Kevin Charles Dixon-Nutt

St James's Place Wealth Management plc & Ors v Kevin Charles Dixon-Nutt

The without prejudice rule did not apply because there was no dispute as to the existence or extent of the liabilities; the meeting and emails concerned only the manner of repayment of admitted debts. Therefore, the communications are admissible. No exceptions such as waiver or unambiguous impropriety were established.

Parties
Claimant: St. James’s Place Wealth Management plc; Claimant: St. James’s Place (PCP) Limited; Claimant: St. James’s Place Partnership Services Limited; Defendant: Kevin Charles Dixon-Nutt
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Commercial / Interlocutory Application (strike Out)
Outcome
application dismissed
Legal Topics
Without Prejudice Rule, Admissibility of Evidence, Waiver of Privilege, Exceptions to Without Prejudice Protection
Contract Law Evidence Law Civil Procedure Without Prejudice Rule Admissibility of Evidence Waiver of Privilege Exceptions to Without Prejudice Protection

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Parties

St. James’s Place Wealth Management plc

Claimant

St. James’s Place (PCP) Limited

Claimant

St. James’s Place Partnership Services Limited

Claimant

Kevin Charles Dixon-Nutt

Defendant

Procedural Posture

Commercial / Interlocutory Application (strike Out)

Legal Issues

  1. 1 Whether the recording and emails from the meeting of 3 November 2017 are protected by the without prejudice rule and thus inadmissible in evidence
  2. 2 Whether any exceptions to the without prejudice rule apply, including waiver or unambiguous impropriety

Ratio Decidendi

The without prejudice rule did not apply because there was no dispute as to the existence or extent of the liabilities; the meeting and emails concerned only the manner of repayment of admitted debts. Therefore, the communications are admissible. No exceptions such as waiver or unambiguous impropriety were established.

Court Disposition

application dismissed

Orders

  • Application to strike out paragraphs 21 and 22 of the Particulars of Claim and related references is dismissed.