In Berkeley Square Holdings v Lancer Property Asset Management Ltd [2021] EWCA Civ 551, the Court of Appeal upheld the High Court’s decision that statements made in ‘without prejudice’ mediation papers were admissible as evidence to defend an allegation that a settlement agreement apparently concluded between the parties should be set aside on the grounds of fraud. This decision is a reminder that ‘without prejudice’ protection is far from absolute and that there are “small principled” exceptions to it that “serve the interests of justice” - in this case, a small and principled extension to an existing exception.
May 11, 2021
