Description
The House of Lords held that the normal rule, that statements made in negotiations between parties to litigation with a view to settling it were inadmissible, applied even where it was invoked in relation to negotiations in earlier proceedings between the same parties. The House was not intending to make an extension to the existing rule, rather it was strongly arguable that the principles governing the admissibility in subsequent proceedings of a statement made in without prejudice negotiations to settle earlier proceedings should be the same in subsequent proceedings. In the present case, there was no basis for exempting the without prejudice offer from that rule.
