Interactive Technology Corporation Ltd v Ferster & Ors [2017] EWHC B19 (Ch) (21 December 2015)

Interactive Technology Corporation Ltd v Ferster & Ors [2017] EWHC B19 (Ch) (21 December 2015)

The email in question constitutes an attempt at blackmail and falls squarely within the unambiguous impropriety exception to without prejudice privilege; the mediation agreement does not override this exception as it lacks clear and unmistakable language to do so. The email is therefore admissible and the amendment to the petition is permitted.

Citation
[2017] EWHC B19 (Ch)
Parties
Claimant/petitioner: Jonathan Ferster; Respondent: Stuart Ferster; Respondent: Warren Ferster; Respondent: Interactive Technology Corporation Limited (ITC)
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Application to Amend Petition Under S.994 Companies Act 2006 (unfair Prejudice) / Interlocutory Application for Amendment and Admissibility Ruling
Outcome
Amendment to petition permitted; email ruled admissible as evidence.
Legal Topics
Unfair Prejudice, Without Prejudice Privilege, Admissibility of Evidence, Mediation Privilege, Blackmail Exception, Shareholder Disputes
Company Law Civil Procedure Unfair Prejudice Without Prejudice Privilege Admissibility of Evidence Mediation Privilege Blackmail Exception Shareholder Disputes

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Parties

Jonathan Ferster

Claimant/petitioner

Stuart Ferster

Respondent

Warren Ferster

Respondent

Interactive Technology Corporation Limited (ITC)

Respondent

Procedural Posture

Application to Amend Petition Under S.994 Companies Act 2006 (unfair Prejudice) / Interlocutory Application for Amendment and Admissibility Ruling

Legal Issues

  1. 1 Whether an email sent by a mediator containing threats is admissible as evidence under the unambiguous impropriety exception to without prejudice privilege
  2. 2 Whether the mediation agreement extends without prejudice protection to exclude the exception for unambiguous impropriety

Ratio Decidendi

The email in question constitutes an attempt at blackmail and falls squarely within the unambiguous impropriety exception to without prejudice privilege; the mediation agreement does not override this exception as it lacks clear and unmistakable language to do so. The email is therefore admissible and the amendment to the petition is permitted.

Court Disposition

Amendment to petition permitted; email ruled admissible as evidence.

Orders

  • Amendment to the unfair prejudice petition allowed.
  • Email of 29 April 2015 admitted as evidence.