Supreme Court
Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others
[2010] UKSC 44
2010 July 14, 15;
Oct 27
Lord Phillips of Worth Matravers PSC, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Clarke of Stone-cum-Ebony, Dyson JJSC
EvidencePrivilege“Without prejudice” communicationsParties entering into settlement agreement following “without prejudice” negotiationsClaimant claiming damages against defendants for breach of settlement agreementDispute as to proper interpretation of agreementDefendants contending claimant estopped from denying agreement bearing particular interpretationWhether evidence of “without prejudice” negotiations admissible for purpose of resolving dispute or establishing estoppel

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