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Wigg & Co - New Exception to 'Without Prejudice' Rule Call us on 01892 529518. Experience counts. In Judgment 27th October 2010 in Oceanbulk Trading & Shipping SA -v- TNT Asia (2010) UK SC44, the Supreme Court added a new exception to the "Without Prejudice" Rule it held that facts communicated between parties in the course of "Without Prejudice" negotiations should be admissible, if they would otherwise be admissible as part of the factual matrix to aid contractual construction.
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