Kilbey v. Grafters Ltd. [2015] 1 JLR 1 (19 November 2014)

Kilbey v. Grafters Ltd. [2015] 1 JLR 1 (19 November 2014)

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.

Citation
[2015] 1 JLR 1
Parties
Applicant: Kilbey; Respondent: Grafters Ltd.
Jurisdiction
Jersey
Judgment Date
19 November 2014
Procedural Posture
Civil / Trial
Outcome
statements in mediation inadmissible at trial
Legal Topics
Privilege, Without Prejudice Communications, Mediation, Admissibility of Evidence
Evidence Privilege Without Prejudice Communications Mediation Admissibility of Evidence

Case Brief

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Parties

Kilbey

Applicant

Grafters Ltd.

Respondent

Procedural Posture

Civil / Trial

Legal Issues

  1. 1 Are statements made in mediation admissible at trial?
  2. 2 What are the exceptions to the inadmissibility of 'without prejudice' communications?

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.

Court Disposition

statements in mediation inadmissible at trial