Galliford Try Construction Ltd v Mott MacDonald Ltd

Galliford Try Construction Ltd v Mott MacDonald Ltd

The material in paragraphs 39 to 48 of Mr Martin's statement and the referenced documents arose from genuine negotiations between the parties aimed at resolving a dispute, were without prejudice, and are inadmissible. There was no waiver of privilege by the Defendant, as inadvertent disclosure does not amount to waiver under the applicable legal principles.

Parties
Claimant: Galliford Try Construction Ltd; Defendant: Mott MacDonald Ltd; Third Party: Third Party
Jurisdiction
England and Wales
Judgment Date
14 March 2008
Procedural Posture
Civil Construction Dispute / Interlocutory Application (admissibility of Evidence)
Outcome
Application granted for the Defendant.
Legal Topics
Without Prejudice Communications, Admissibility of Evidence, Waiver of Privilege, Disclosure
Civil Procedure Evidence Construction Law Without Prejudice Communications Admissibility of Evidence Waiver of Privilege Disclosure

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Parties

Galliford Try Construction Ltd

Claimant

Mott MacDonald Ltd

Defendant

Third Party

Third Party

Procedural Posture

Civil Construction Dispute / Interlocutory Application (admissibility of Evidence)

Legal Issues

  1. 1 Whether paragraphs 39 to 48 of Mr Martin's witness statement and related documents are inadmissible as without prejudice material
  2. 2 Whether the material is covered by without prejudice privilege
  3. 3 Whether privilege or admissibility has been waived by the Defendant

Ratio Decidendi

The material in paragraphs 39 to 48 of Mr Martin's statement and the referenced documents arose from genuine negotiations between the parties aimed at resolving a dispute, were without prejudice, and are inadmissible. There was no waiver of privilege by the Defendant, as inadvertent disclosure does not amount to waiver under the applicable legal principles.

Court Disposition

Application granted for the Defendant.

Orders

  • Paragraphs 39 to 48 of Mr Martin's witness statement are to be excluded from evidence.
  • The identified documents are not to be included in the trial bundles.