When disallowing interest on a claim, the judge refused to allow the admission of the plaintiff’s expert report on quantum, dated two years before the writ, in rebuttal of the respondent’s assertion, that they had not known of the amount claimed until immediately before the action.
Held: The draft had been marked without prejudice, and it was against public policy to discourage attempts to settle actions without litigation by allowing reference to such documents. The draft remained a draft, and the figures were in fact different from those ultimately disclosed. The judge was correct not to allow the report to be admitted.
Citations:
Times 15-Nov-2000, Gazette 02-Nov-2000, Gazette 09-Nov-2000, [2000] EWCA Civ 265
Links:
Jurisdiction:
England and Wales
Litigation Practice, Damages
Updated: 20 May 2022; Ref: scu.90095
