Oceanbulk Shipping & Trading SA v TMT Asia Limited and others

Oceanbulk Shipping & Trading SA v TMT Asia Limited and others

Facts communicated during without prejudice negotiations that form part of the factual matrix or surrounding circumstances are admissible as an aid to the construction of a settlement agreement, as justice demands this exception to the without prejudice rule.

Source-derived case information.

Parties
Respondent: Oceanbulk Shipping & Trading SA; Appellants: TMT Asia Limited and others
Jurisdiction
England and Wales
Judgment Date
27 October 2010
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Appeal allowed
Legal Topics
Without Prejudice Rule, Exceptions to Evidence Admissibility, Contract Interpretation, Rectification, Estoppel, Remoteness of Damages
Contract Law Evidence Law Without Prejudice Rule Exceptions to Evidence Admissibility Contract Interpretation Rectification Estoppel Remoteness of Damages

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Parties

Oceanbulk Shipping & Trading SA

Respondent

TMT Asia Limited and others

Appellants

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether facts communicated during without prejudice negotiations are admissible as part of the factual matrix for contract interpretation
  2. 2 Whether exceptions to the without prejudice rule should include interpretation of settlement agreements
  3. 3 Admissibility of evidence for estoppel and remoteness

Ratio Decidendi

Facts communicated during without prejudice negotiations that form part of the factual matrix or surrounding circumstances are admissible as an aid to the construction of a settlement agreement, as justice demands this exception to the without prejudice rule.

Court Disposition

Appeal allowed

Orders

  • Evidence of facts communicated during without prejudice negotiations is admissible as part of the factual matrix for contract interpretation.
  • Evidence is also admissible on issues of estoppel and remoteness.