Willers v Joyce and Others: ChD 12 Apr 2019

Application to determine the admissibility of evidence on which the applicant executors wish to rely in an application for costs against the respondents under s.51 of the Senior Courts Act 1981. The Contested Material comprises references made in the course of inter-solicitor correspondence marked ‘Without Prejudice Save As to Costs’ to what was said and done in the course of settlement discussions at and shortly after a mediation which were agreed at the time to be ‘Without Prejudice’.

Judges:

Andrews DBE J

Citations:

[2019] EWHC 937 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoWillers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
Lists of cited by and citing cases may be incomplete.

Costs, Litigation Practice

Updated: 21 June 2022; Ref: scu.636140