John Tackaberry QC
April 2002
A paper given to the Society of Construction Law in Hong Kong on 22nd November 2001.
John Tackaberry looks at ‘without prejudice’ negotiations, and what it was thought was meant by the term, in particular that the privilege that attached to negotiations no longer applied if a settlement was reached. He looks in some detail at ush & Tompkins Ltd v Greater London Council in the Court of Appeal and House of Lords; he considers ambit of the case, and the extent of the rule ‘once privileged, always privileged’.
Without prejudice negotiations – ush v Tompkins in the Court of Appeal – ush v Tompkins in the Lords – Once privileged, always privileged – Partial settlements – Australian authorities – Conclusion.
The author: John Tackaberry is a Queen’s Counsel, ecorder, United Nations Commissioner and registered chartered arbitrator; he was also the founding President of the Society of Construction Law.
Text 13 pages.
PDF file size: 178k