SC v YD

Practice – Pre-trial or post-judgment relief. In March 2015, a judge gave the mother permission to amend her pleadings in pending litigation in family proceedings to include a reference to a document/agreement in respect of which the father claimed without prejudice privilege. The father sought permission to appeal to impugn the decision of the judge to admit that agreement in evidence as being one which was wrong as a matter of law. The issue was whether the documents in question had come into being in contemplation of a dispute, actual or impending. The Family Division ruled that it could not be said that there had been between them a real dispute which was then capable of compromise.

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