Cresta Estates Lted & Ors v MPB Developments Ltd & Ors [2025] EWHC 197 (Ch) (28 January 2025)

Cresta Estates Lted & Ors v MPB Developments Ltd & Ors [2025] EWHC 197 (Ch) (28 January 2025)

The Respondents waived without prejudice privilege over the November 2022 discussions by partially deploying their content in evidence and by conduct, and the February 2024 proposal was not covered by without prejudice privilege as there was no dispute and the letter was not marked as such; therefore, the disputed paragraphs in the witness statement are admissible.

Citation
[2025] EWHC 197 (Ch)
Parties
Petitioner: Cresta Estates Limited; Petitioner: Luxor Properties Limited; Petitioner: Stanbreck Properties Ltd; Respondent: MPB Developments Limited; Respondent: Paul Hilton; Respondent: Matthew Welsh
Jurisdiction
England and Wales
Judgment Date
28 January 2025
Procedural Posture
Insolvency Petition (creditors' Winding Up) / Preliminary Issue Trial
Outcome
Application to exclude paragraphs of the witness statement refused; disputed paragraphs are admissible.
Legal Topics
Without Prejudice Privilege, Waiver of Privilege, Admissibility of Evidence, Winding Up Petitions
Insolvency Company Law Evidence Without Prejudice Privilege Waiver of Privilege Admissibility of Evidence Winding Up Petitions

Case Brief

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Parties

Cresta Estates Limited

Petitioner

Luxor Properties Limited

Petitioner

Stanbreck Properties Ltd

Petitioner

MPB Developments Limited

Respondent

Paul Hilton

Respondent

Matthew Welsh

Respondent

Procedural Posture

Insolvency Petition (creditors' Winding Up) / Preliminary Issue Trial

Legal Issues

  1. 1 Whether certain paragraphs of a witness statement are inadmissible as referring to without prejudice discussions or proposals
  2. 2 Whether without prejudice privilege has been waived by the Respondents
  3. 3 Whether a proposal made by a third party is covered by without prejudice privilege

Ratio Decidendi

The Respondents waived without prejudice privilege over the November 2022 discussions by partially deploying their content in evidence and by conduct, and the February 2024 proposal was not covered by without prejudice privilege as there was no dispute and the letter was not marked as such; therefore, the disputed paragraphs in the witness statement are admissible.

Court Disposition

Application to exclude paragraphs of the witness statement refused; disputed paragraphs are admissible.

Orders

  • Paragraphs of Mr. Erlich's witness statement referring to the November 2022 discussions and the February 2024 proposal are admissible.
  • Transcript of the November 2022 discussion is admissible as to its contents.