Clydesdale Bank t/as Yorkshire Bank v Duffy

Evidence – Without prejudice correspondence. The claimant bank claimed sums under a guarantee signed by the defendant. The judge held that the evidence was admissible, as the negotiations had not been conducted on a without prejudice basis, with the exception of one meeting. The defendant appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had been entitled to reach the conclusion that he had. He had considered relevant matters, including that the parties had known how to expressly agree to negotiate on a without prejudice basis and there had been no trace of a legal dispute.

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