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Derco Industries Ltd v A R Grimwood Ltd, Insurance Corporation of British Columbia and PLC Construction Ltd: 1985

(British Columbia) Lambert J.A said about the without prejudice rule: ‘to the extent that there is a rule that prevents the production of documents that were prepared in the course of negotiations leading to a concluded settlement, it is my opinion that the rule does not extend to the prevention of the production of those documents at the instance of a litigant who was not a party to the settlement and whose claim for production comes under the rule in the Peruvian Guano case.’

Judges:

Lambert JA

Citations:

[1985] 2 WWR 137

Citing:

AppliedSchetky v Cochrane and the Union Funding Co 1918
(Court of Appeal in British Columbia) The court ordered oral discovery to be given to a defendant of negotiations between the plaintiff and another defendant in the action but held that on the trial there would be no higher right to use the . .

Cited by:

CitedRush and Tompkins Ltd v Greater London Council and Another HL 1988
Use of ‘Without Prejudice Save as to Costs”
A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Litigation Practice

Updated: 01 May 2022; Ref: scu.253698

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