SC v YD

SC v YD

At the time the February 2013 agreement was produced, neither party was seeking to compromise actual or pending litigation, nor was there a real dispute capable of compromise. Therefore, the document was not privileged and was admissible as evidence. The Deputy District Judge's decision was not wrong in law or plainly wrong on the facts.

Parties
Applicant: SC; Respondent: YD
Jurisdiction
England and Wales
Judgment Date
17 June 2014
Procedural Posture
Application for Permission to Appeal (family/tolata) / Permission to Appeal From Deputy District Judge's Order
Outcome
Permission to appeal refused
Legal Topics
Privilege (without Prejudice Communications), Admissibility of Evidence, Constructive Trust, Proprietary Estoppel, Case Management, Appeals Procedure
Family Law Civil Procedure Trusts of Land Privilege (without Prejudice Communications) Admissibility of Evidence Constructive Trust Proprietary Estoppel Case Management +1 more

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Parties

SC

Applicant

YD

Respondent

Procedural Posture

Application for Permission to Appeal (family/tolata) / Permission to Appeal From Deputy District Judge's Order

Legal Issues

  1. 1 Whether the February 2013 agreement between the parties was privileged as a 'without prejudice' communication and thus inadmissible in evidence
  2. 2 Whether the Deputy District Judge erred in law in admitting the agreement as evidence in the TOLATA proceedings

Ratio Decidendi

At the time the February 2013 agreement was produced, neither party was seeking to compromise actual or pending litigation, nor was there a real dispute capable of compromise. Therefore, the document was not privileged and was admissible as evidence. The Deputy District Judge's decision was not wrong in law or plainly wrong on the facts.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal the Deputy District Judge's order is refused.