Muller & Anor v Linsley & Mortimer [1994] EWCA Civ 39 (30 November 1994)

Muller & Anor v Linsley & Mortimer [1994] EWCA Civ 39 (30 November 1994)

Privilege over without prejudice correspondence does not apply when plaintiffs put the reasonableness of their conduct in issue and partially disclose settlement documents; privilege is waived and discovery must be ordered.

Source-derived case information.

Citation
[1994] EWCA Civ 39
Parties
First Plaintiff: Mr Muller; Second Plaintiff: Mrs Muller; Defendant: Sagesoft Limited; Defendant: Firm of solicitors (defendants)
Jurisdiction
England and Wales
Judgment Date
30 November 1994
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Without Prejudice Privilege, Discovery, Mitigation of Damages, Waiver of Privilege
Civil Procedure Evidence Professional Negligence Without Prejudice Privilege Discovery Mitigation of Damages Waiver of Privilege

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Parties

Mr Muller

First Plaintiff

Mrs Muller

Second Plaintiff

Sagesoft Limited

Defendant

Firm of solicitors (defendants)

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether without prejudice correspondence is privileged from disclosure when reasonableness of settlement is put in issue
  2. 2 Whether privilege is waived by plaintiffs putting their conduct in issue

Ratio Decidendi

Privilege over without prejudice correspondence does not apply when plaintiffs put the reasonableness of their conduct in issue and partially disclose settlement documents; privilege is waived and discovery must be ordered.

Court Disposition

appeal allowed

Orders

  • Order for production of documents.
  • Appeal allowed with costs in this court.