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| This case would have been an appropriate case for court ordered mediation if such a facility existed in the UK. The court expressed concern that small claims may be priced out of court, depriving a deserving party of access to justice. CA. 30th October 1996. |
| by Staughton LJ; Hobhouse LJ; Hutchison LJ. Crown Copyright |
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| Impact of an offer, which is subsequently beaten in court, on costs. The Calderbank Offer. 5th June 1975. |
| by Lord Justices Cairns, Scarman and Sir Gordon Willmer : Crown Copyright |
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| Privilege : Without prejudice negotiations. Negotiations to settle a dispute are privilege, a fortiori where clearly stated to be without prejudice. In order to change the status of on-going negotiations to open offers, not subject to privilege, the party making the change must make it clear to the other party that that is the case. High Court, Chancery Division. 28th February 1992 |
| by Jules Sher QC : Crown Copyright |
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| Calderbank Offer : Costs dispute : Calderbank offer rejected, narrowly beating the costs order. In the circumstances, whilst the offer should have been accepted, parties bore their own costs of the costs hearing. Costs hearing. 16th May 1991 |
| by Waller J; Crown Copyright |
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| Agreement to agree : Negotiation agreements. An agreement to agree is unenforceable. C.A. |
| by Denning LJ. Diplock LJ: Lawton LJ. Crown Copyright |
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| Without prejudice offers : Costs : A court can look at the contents of a ?without prejudice except as to costs? offer in relation to an award on costs.The traditional and accepted impact of a Calderbank without prejudice offer (Calderbank v Calderbank (1979) FAM 93) on costs reviewed and confirmed. C.A. 7th December 1983 |
| by Lord Justices Oliver & Fox : Crown Copyright |
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| Privilege : A tape recording was made of settlement negotiations : Court refused to admit the recording as evidence : Rush v GLC applied. There was no unambiguous admission of impropriety. Forster v Friedland applied.CA. 1st December 1998 |
| by Balcombe LJ; Simon Brown LJ Simon : Mr Justice Peter Gibson : Crown Copyright |
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Privilege : Costs : Taxation : Documents relied upon by the other party for cost purposes are not privileged. CA. 26th July 1988
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| by Donaldson L MR Woolf LJ Taylor LJ : Crown Copyright |
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| Confidentiality and without prejudice : Application for discovery by Sub-contractors of terms of a settlement between the employer and main contractor rejected by House of Lords. 3rd November 1988. |
| by Lord Griffiths : Crown Copyright |
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| Without prejudice privilege : Appeal from refusal by chairman of tribunal to admit without prejudice correspondence to demonstrate a break down in trust & confidence & breach of contract of employment. Chairman had wrongly failed to explain the without prejudice privilege rule : even so it applied to Employment tribunals. EAT. 26th June 1992 |
| by Mr Justice Knox : Crown Copyright |
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| A party will not be penalised by a wasted costs order for seeking to rely on priviled information (an offer, not stated to be without prejudice) where the question of privilege was arguable. CA. 11th May 1995. |
| by Sir Thomas Bingham MR, Evans LJ, Aldous LJ. : Crown Copyright |
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| Negotiation Agreements : Agreement to negotiate in good faith unenforceable. 23rd January 1992. |
| by Lords Keith; Ackner; Goff; Jauncey; Browne-Wilkinson. Crown Copyright |
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An agreement to negotiate the detailed terms of a contract or to renegotiate the terms of a contract, that is to say an agreement to agree, is unenforceable under English Law. In consequence, the original terms of a contract will prevail at law. Conversely, if there is no contract there will be nothing to enforce. H.L. 22nd February 1929.
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| by Lord Buckmaster, Viscount Dunedin & Lord Warrington of Clyffe. Crown Copyright |
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| Payment in : Costs : A payment in cancels out the impact of a Calderbank offer in respect of an award of costs. CA. 11th December 1996 |
| by Stuart-Smith LJ; Aldous LJ; Ward LJ: Crown Copyright |
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| Without prejudice communication : Application to pierce the veil. QBD. 24th March 1996. |
| by Honourable Mr Justice Garland :Crown Copyright |
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| Settlement - duress : Terms of a settlement even if made without prejudice can be examined by the court to establish whether the settlement was concluded through unfair means. CA. 30th November 1994. |
| by Leggatt LJ, Hoffmann LJ, Swinton Thomas LJ. : Crown Copyright |
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Privilege : Records. A solicitor?s note recording that a telephone conversation took place is not privileged though the content of the conversation may well be privileged. Thus it could be used as the basis of further discoveries of related relevant material. Not professional privilege. CA. 22nd November 1990
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| by Stocker LJ; Dillon LJ; Bingham LJ. Crown Copyright |
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| Discovery and disclosure of material contained in without prejudice negotiations. CA. 21st December 1987. |
| by Slade LJ, Balcomb LJ, Stocker LJ. Crown Copyright |
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| Privilege : Without prejudice offers are not admissible to refute application for security of costs in the absence of special circumstances such as fraud as in Chocoladefabriken Lindt & Sprungli AG v Nestl? Co Ltd [1978] RPC 287. QBD. Official Referees? business. 31st July 1987 |
| by His Honour Judge John Newey QC. Crown Copyright |
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| Without prejudice and privilege : Amos sent two without prejudice offers with terms for compensation. The council wanted to use them in evidence at a Land Tribunal : Held Privileged. 28th July 1986. |
| by Lord Justice Parker : Crown Copyright |
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| Without prejudice offers : Disclosure : Without prejudice correspondence is admissible as evidence of the terms of any agreement arising out of the correspondence, but is otherwise privileged. Oponymous Tomlin Orders. CA. 1969. |
| by Lord Justice Danckwerts : Ormrod : Sir Gordon Wilmer : Crown Copyright |
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