H petitioned for divorce, alleging desertion. W denied the allegation , but cross petitioned on the same basis. He sought to bring in evidence the contents of a discussion between H and W and their respective solicitors.
Held: The evidence was admissible (though the judge applying that evidence found for W).
Although a meeting between the parties to a matrimonial dispute in the presence of a probation officer must be taken to be without prejudice when that meeting has been arranged for the purpose of attempting to effect a reconciliation, an interview between the parties and their respective solicitors with a similar purpose in view is not to be taken to be without prejudice if it is not specifically stated so to be; and evidence of what occurred at such a meeting may accordingly be given notwithstanding objection by one of the parties
Ormerod J
[1950] 1 All ER 25, [1950] P 154, 114 JP 59, 66 TLR 339, 48 LGR 423
England and Wales
Family, Evidence
Updated: 07 January 2022; Ref: scu.670952