‘Without prejudice’ exception

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and Others [2010] UKSC 44; TLR 3 November

Oceanbulk applied, inter alia, for a declaration that evidence of negotiations conducted without prejudice was inadmissible, absent mutual waiver and TMT’s applied to re-re-amend their re-amended defence and counterclaim to plead estoppel based on the claimant’s representations made in without prejudice exchanges.