000 01563cab a2200205 4500
001 ABS39962
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u20317
041 _aeng
245 _aRush and Tompkins Ltd v GLC and Carey Plant Hire (Oval) Ltd
260 _c1988
350 _a0
490 _aNew Law Journal
_v138(6382) 11 November 1988, 315-316(2)
520 _aHL 2 November 1988 Rush and Tompkins (R) entered into a contract with the GLC for the construction of houses and engaged Careys (C) as subcontractor . A dispute arose between the parties and R issued proceedings against GLC and C. This was settled by payment of £1.2m by GLC and R discontinued its action. C then applied for discovery of the " without prejudice " correspondence which passed between R and GLC leading up to the settlement. R claimed that the correspondence was protected from disclosure. This was upheld by ORC and C appealed to CA who held that the protection given by the "without prejudice" rule ceased once a dispute had been settled. On appeal by C, HL held that "without prejudice" correspondence entered into with the object of reaching a compromise of an action remains privileged after the compromise has been reached and accordingly the correspondence is inadmissable in any subsequent litigation connected with the subject matter whether by the same or different parties
650 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650 _aDOCUMENTS
690 _aBUILDING AND CONSTRUCTION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c13612
_d13612