Kilbey -v- Grafters Limited and Ors [2014] JRC 227 (19 November 2014)

Kilbey -v- Grafters Limited and Ors [2014] JRC 227 (19 November 2014)

Evidence of statements made by Mr Kilbey during mediation is inadmissible at trial because there is no abuse of the privileged occasion, and the unambiguous impropriety exception does not apply. Jersey law aligns with English law in requiring a narrow construction of exceptions to without prejudice privilege.

Citation
[2014] JRC 227
Parties
Respondent: Grafters; Respondent: Mr Baker; Respondent: Mr Jones; Applicant: Mr Kilbey
Jurisdiction
Jersey
Judgment Date
19 November 2014
Procedural Posture
Application / Pre Trial Interlocutory
Outcome
application refused
Legal Topics
Without Prejudice Privilege, Admissibility of Mediation Statements, Exceptions to Privilege, Unambiguous Impropriety
Civil Procedure Evidence Without Prejudice Privilege Admissibility of Mediation Statements Exceptions to Privilege Unambiguous Impropriety

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Parties

Grafters

Respondent

Mr Baker

Respondent

Mr Jones

Respondent

Mr Kilbey

Applicant

Procedural Posture

Application / Pre Trial Interlocutory

Legal Issues

  1. 1 Whether evidence of statements made during mediation, protected by without prejudice privilege, can be admitted at trial under the unambiguous impropriety exception
  2. 2 Whether Jersey law should differ from English law regarding exceptions to without prejudice privilege

Ratio Decidendi

Evidence of statements made by Mr Kilbey during mediation is inadmissible at trial because there is no abuse of the privileged occasion, and the unambiguous impropriety exception does not apply. Jersey law aligns with English law in requiring a narrow construction of exceptions to without prejudice privilege.

Court Disposition

application refused

Orders

  • Leave to adduce evidence of statements made during mediation is denied.