Rush & Tompkins Ltd v Greater London Council

Facts

Rush & Tompkins sued the Greater London Council and a subcontractor. They settled with the council. The subcontractor then sought discovery of the without-prejudice negotiations that had produced that settlement, saying the protection ended when the settlement was made, and that it did not bind a stranger to those talks. The year is 1988.

Issue

Does without-prejudice privilege survive a settlement, and does it bind someone who was not a party to the negotiations?

Held

Yes. The House of Lords, Lord Griffiths, held that the negotiations were not disclosable. The privilege exists to encourage settlement. It would fail if a settlement with one party exposed the talks to every other party.

Principle

Without-prejudice privilege is the joint privilege of the parties to the talks. It lasts after settlement. It can be waived only with the consent of each of them.

Why it matters

Walker v Wilsher is the meaning of the phrase. This case is its reach. A letter that is not a genuine attempt to settle is not protected, whatever the heading says.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.