Kilbey v. Grafters Ltd. [2015] 1 JLR 1 (19 November 2014)
- Citation
- [2015] 1 JLR 1
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Trial
More details
- Posture
- Civil / Trial
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that statements made in mediation are inadmissible at trial except where their exclusion would act as a cloak for perjury, blackmail, or other unambiguous impropriety, and that mere inconsistency between mediation statements and the pleaded case is not sufficient to invoke the exception.
Court disposition
statements in mediation inadmissible at trial
02
Material facts
Parties
Kilbey
ApplicantGrafters Ltd.
Respondent03
Procedural history
Posture
Civil / Trial
04
Questions and positions
Legal issues
- 01
Are statements made in mediation admissible at trial?
- 02
What are the exceptions to the inadmissibility of 'without prejudice' communications?
Party arguments
- Applicant
- Statements made during mediation should be inadmissible at trial except in cases of abuse of privilege.
- Respondent
- Inconsistencies between mediation statements and pleaded case should allow for admissibility at trial.
05
Court’s reasoning
Legal principles
- 01
Kilbey v. Grafters Ltd. [2015] 1 JLR 1
Statements made in mediation are inadmissible at trial subject to certain exceptions, such as if exclusion acts as a cloak for perjury, blackmail, or other unambiguous impropriety. The exception only applies if there is abuse of the privilege itself. Mere inconsistency between statements in mediation and in the pleaded case at trial is insufficient.
06
Ratio, limits and disposition
Ratio decidendi
The court held that statements made in mediation are inadmissible at trial except where their exclusion would act as a cloak for perjury, blackmail, or other unambiguous impropriety, and that mere inconsistency between mediation statements and the pleaded case is not sufficient to invoke the exception.
Obiter and limits
- There is a strong public interest in the settlement of disputes.
Court disposition
statements in mediation inadmissible at trial
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Kilbey v. Grafters Ltd. [2015] 1 JLR 1 (19 November 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR151001.html Cite as: [2015] 1 JLR 1 [ New search ] [ Help ] Kilbey v. Grafters Ltd. 2015 (1) JLR 1 (19 November 2014) Evidence-privilege-"without prejudice" communications-mediation-statements in mediation inadmissible at trial subject to certain exceptions, e.g. if exclusion acts as cloak for perjury, blackmail or other unambiguous impropriety-exception only applies if abuse of privilege itself-mere inconsistency between statements in mediation and in pleaded case at trial insufficient-strong public interest in settlement of disputes The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2015 (1) JLR 1 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR151001.html
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