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Ferster v Ferster and Others: CA 12 Jul 2016

Appeal from a decision allowing an application by the respondent to amend his petition under the unfair prejudice provisions of te 2006 Act so as to refer to the contents of an email sent in the context of a mediation, and thus would normally be the subject of mediation/without prejudice privilege. The judge held, however, that the contents of the email showed that it fell within the ‘unambiguous impropriety’ exception to that privilege, and thus was available for use in the petition.

Patten, Floyd LJJ, Baker J
[2016] EWCA Civ 717
Bailii
Companies Act 2006 994
England and Wales

Litigation Practice, Company

Updated: 01 November 2021; Ref: scu.566849

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