Hiscox Syndicates Ltd & Anor v The Pinnacle Ltd & Ors

Hiscox Syndicates Ltd & Anor v The Pinnacle Ltd & Ors

The emails and documents in question are properly without prejudice communications as they formed part of genuine negotiations aimed at settlement. The 'unambiguous impropriety' exception does not apply as there is no evidence of abuse, perjury, or blackmail. The Defendants are not entitled to rely on without prejudice communications in their arguments on costs.

Parties
Claimant: Hiscox Syndicates Limited; Claimant: Hiscox PLC; Defendant: The Pinnacle Limited; Defendant: The Pinnacle No.1 Limited; Defendant: Keltbray Limited; Defendant: Arab Investments Limited
Jurisdiction
England and Wales
Judgment Date
10 December 2009
Procedural Posture
Civil / Interlocutory Application on Admissibility of Documents for Costs Hearing
Outcome
application granted
Legal Topics
Without Prejudice Privilege, Costs Liability, Unambiguous Impropriety Exception, Mediation Confidentiality
Civil Procedure Evidence Without Prejudice Privilege Costs Liability Unambiguous Impropriety Exception Mediation Confidentiality

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 17 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Hiscox Syndicates Limited

Claimant

Hiscox PLC

Claimant

The Pinnacle Limited

Defendant

The Pinnacle No.1 Limited

Defendant

Keltbray Limited

Defendant

Arab Investments Limited

Defendant

Procedural Posture

Civil / Interlocutory Application on Admissibility of Documents for Costs Hearing

Legal Issues

  1. 1 Are certain emails and documents properly without prejudice communications?
  2. 2 Does the 'unambiguous impropriety' exception apply to exclude privilege?
  3. 3 Can without prejudice communications be relied upon in arguments on costs?

Ratio Decidendi

The emails and documents in question are properly without prejudice communications as they formed part of genuine negotiations aimed at settlement. The 'unambiguous impropriety' exception does not apply as there is no evidence of abuse, perjury, or blackmail. The Defendants are not entitled to rely on without prejudice communications in their arguments on costs.

Court Disposition

application granted

Orders

  • Defendants may not rely on the emails of 27 January 2008, 30 January 2008, 8 April 2008 from Charles Dupplin to Khalid Affara, the email of 7 April 2008 from Khalid Affara to Charles Dupplin, the appendices to the mediation position statement produced by Hiscox, or any other without prejudice communications between...
  • Parties may rely on 'without prejudice save as to costs' communications.