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Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors [2021] EWCA Civ 551 (15 April 2021)

Court of Appeal decision considering the without prejudice nature of statements made at mediation.

Claimants applied to strike out certain paragraphs of the defence on the grounds that the paragraphs pleaded statements made without prejudice in a mediation between the parties and were, therefore, inadmissible.   Court held that the mediation statements were admissable under the second exception to the without prejudice rule as set out by Robert Walker LJ in Unilever plc v The Proctor & Gamble Co [2000] 1 WLR 2436.

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