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Kings Security Systems v King & Evans [2020] EWHC 2996

Consideration of the exceptions to the without prejudice rule

Consideration of the exceptions to the without prejudice rule.  Judge distinguishes the formulation in Berkeley, holding that the justiciability exception should be confined to cases where the resisting party has directly put the contents of the wp negotiations in issue in the proceedings and there is a real risk that the case cannot be fairly determined without admission of the without prejudice exception.

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