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The ‘without prejudice’ rule is subject to a number of exceptions underneath English legislation. One such exception is that proof of without prejudice negotiations is admissible to show that an agreement concluded primarily based on these negotiations must be set aside on the grounds of misrepresentation, fraud, or undue affect. This exception was applied in Berkeley Square Holdings v Lancer Property Asset Management Ltd, the place the Court of Appeal confirmed that the defendants could depend on mediation position papers in help of their defence. The claimants have been seeking to have settlement deeds which had resulted from the mediation …
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