Without Prejudice letters

gardener2 | 23:28 Thu 27th Sep 2007 | Civil

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Calderbank/without prejudice letters cannot be shown or referred to in court but are there exceptions? If such a letter includes a statement of fact, ie an admission of liability previously denied can this be produced in evidence.

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MustafaTickl

Basically (and somewhat in simplicity as there are written rules) purported "Calderbank" and "Without Prejudice" letters can be concealed from the court only if they relate solely to a settlement.

If the letter refers to any other matter at all it becomes "open" and can be shown to the court.

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