Bradford & Bingley Plc v Rashid

Bradford & Bingley Plc v Rashid

The letters of 26th September and 4th October 2001 were privileged without prejudice communications and thus inadmissible as acknowledgements for limitation purposes. The appeal fails on the privilege ground, making it unnecessary to decide whether the letters were in fact acknowledgements.

Parties
Claimant/appellant: Bradford & Bingley Plc; Defendant/respondent: Mohammed Rashid
Jurisdiction
England and Wales
Judgment Date
22 July 2005
Procedural Posture
Civil Appeal / Second Appeal, Judgment of Court of Appeal
Outcome
appeal dismissed
Legal Topics
Without Prejudice Privilege, Limitation Period, Acknowledgement of Debt, Mortgage Shortfall
Civil Procedure Banking Law Property Law Without Prejudice Privilege Limitation Period Acknowledgement of Debt Mortgage Shortfall

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Parties

Bradford & Bingley Plc

Claimant/appellant

Mohammed Rashid

Defendant/respondent

Procedural Posture

Civil Appeal / Second Appeal, Judgment of Court of Appeal

Legal Issues

  1. 1 Whether letters written by or on behalf of the defendant constituted admissible acknowledgements for the purposes of sections 29 and 30 of the Limitation Act 1980
  2. 2 Whether the letters were protected by without prejudice privilege and thus inadmissible as evidence of acknowledgement

Ratio Decidendi

The letters of 26th September and 4th October 2001 were privileged without prejudice communications and thus inadmissible as acknowledgements for limitation purposes. The appeal fails on the privilege ground, making it unnecessary to decide whether the letters were in fact acknowledgements.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Stay on assessment of costs removed