Adam Walker succeeded in the Court of Appeal on 1 March 2016 in an appeal relating to the introduction of ‘without prejudice’ material.

Following the settlement of a commercial dispute at the door of court the parties agreed that the issue of costs should be left to the trial judge to determine. During costs arguments the respondent sought to introduce a note prepared by previous counsel following a hearing a year earlier, which purported to record an exchange that included offers in settlement. The note was produced during oral submissions as to costs without a copy being provided to the appellants beforehand and was relied upon heavily by the judge when making the costs order that was ultimately made.

The Court of Appeal (Lord Dyson MR, Sharp LJ and Hamblen LJ) upheld the appellants’ appeal on the basis that the exchange and the note that purported to record it attracted ‘without prejudice’ privilege, they were not ‘without prejudice save as to costs’, that there had been no waiver of privilege as the appellants had not sought to deploy the material themselves and as the respondent had failed to comply with the guidance of Stanley Burton J in Berg v IML London Ltd [2002] 1 WLR 3271, which the Court of Appeal repeated.  The exercise of the judge’s discretion below was therefore flawed and the Court of Appeal exercised its discretion afresh.

Reported as Ivan Russ Cammack v (1) Mark Ashby (2) Gresham Pension Trustees Ltd, The Trustees of the Arbuthnot SIPP M Ashby (2016).

The case can be found reported on Lawtel at LTL 2/3/2016, Document No. AC9502299

For help or advice please call +44 (0)20 7242 3555 or complete 
the form below

A member of the Clerking team will help you resolve your request.

  • This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
  • For Direct Access please fill out the form on the Direct Access page.

  • This field is for validation purposes and should be left unchanged.

Frequently asked questions

Yes, please call Chambers mainline number +44 (0)20 7242 3555 and you will be directed to the out of hours phone lines.

As a direct access client, please visit our direct access page and complete the initial form, a member of the clerking team will then be in touch to discuss the next steps.

Choosing the right barrister for your case can be difficult, with so many to choose from. Our clerks will be happy to guide you with your choice. Their wealth of knowledge and experience will help you decide the right barrister not just for the case but someone who will work with you.

Some barristers have the ability to “conduct litigation” for direct access clients. Our clerks will be able to assist you as to which of our members are trained and accredited to do so.

Please visit our direct access page for the initial steps on instructing a barrister, or contact our clerks on +44 (0)20 7242 3555.

Search

Shortlist Builder

Close

Select the legal expertise that you would like to download or add to the shortlist

Download Add to shortlist
Shortlist close
Title CV Email

Remove All

Download


Click here to email this list.