In two recent judgments, the English courts addressed issues relating to the admissibility of without prejudice communications (demonstrating that the protection from disclosure of these communications is not absolute, but subject to exceptions). In Berkeley Square Holdings v Lancer Property Asset Management Ltd1, the Court considered the admissibility of without prejudice communications to defend against allegations of fraud (deciding that such communications were indeed admissible). This is the first reported English case where this ‘fraud’ exception to the inadmissibility rule has been applied. In Motorola Solutions Inc v Hytera Communications Corporation Ltd2, the Court found that without prejudice statements made during settlement negotiations were admissible in support of an application for a freezing order.
