Avonwick Holdings Ltd v Webinvest Ltd & Anor

Avonwick Holdings Ltd v Webinvest Ltd & Anor

There was no genuine dispute between the parties as to the liability at the time of the relevant correspondence; the negotiations were for restructuring an admitted liability. Therefore, the 'without prejudice' privilege does not apply and the correspondence is admissible as evidence.

Parties
Claimant: Avonwick Holdings Limited; Defendant: Webinvest Limited; Defendant: Mikhail Shlosberg
Jurisdiction
England and Wales
Judgment Date
10 October 2014
Procedural Posture
Application / Pre Trial Review
Outcome
application granted
Legal Topics
Without Prejudice Privilege, Admissibility of Evidence, Loan Agreements, Guarantees
Evidence Contract Law Without Prejudice Privilege Admissibility of Evidence Loan Agreements Guarantees

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Parties

Avonwick Holdings Limited

Claimant

Webinvest Limited

Defendant

Mikhail Shlosberg

Defendant

Procedural Posture

Application / Pre Trial Review

Legal Issues

  1. 1 Whether correspondence marked 'without prejudice and subject to contract' is admissible as evidence
  2. 2 Whether a genuine dispute existed at the time of the correspondence

Ratio Decidendi

There was no genuine dispute between the parties as to the liability at the time of the relevant correspondence; the negotiations were for restructuring an admitted liability. Therefore, the 'without prejudice' privilege does not apply and the correspondence is admissible as evidence.

Court Disposition

application granted

Orders

  • The relevant correspondence is admissible as evidence at the forthcoming trial.
  • Further witness statements referring to these communications may be relied on at trial.