Use of information obtained in settlement negotiations 'without prejudice' - Oceanbulk v TMT Asia

Edward Yang Liu

In the landmark judgment inOceanbulk Shipping & Trading SA v TMT Asia Limited [2010] UKSC 44, issued on 27 October 2010, seven judges of the UK Supreme Court agreed that facts could be admissible in evidence, although they had been conveyed by one party to the other under the seal of negotiations for a settlement agreement subject to the ‘without prejudice’ rule .