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Portnykh v Nomura International Plc

The admissibility of ‘without prejudice’ evidence when it rests on negotiation and there is argued to be no express ‘dispute’ at the time.

HHJ Hand QC dealt with this matter at Employment Appeal Tribunal allowing Dr Portnykh’s appeal against the first tribunal’s PHR findings that certain material should form part of the case despite Dr Portnykh’s position that it was ‘without prejudice.’ The full hearing was already listed and so this point was dealt with promptly and in camera.

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