Chaudhary v Secretary of State for Health - admissibility in evidence of "without prejudice" material - [2006] EWCA Civ 1648, CA on 2.11.06

Mr Chaudhary has a race discrimination case pending against the British Medical Association (BMA) and another against the Department of Health (DoH). He wanted to use in evidence in the BMA case a "without prejudice" communication from the DoH advisers in negotiations concerning the DoH case. The DoH resisted this and has won. Mr Chaudhary's reasoning was (i) the material had already been openly referred to in tribunal proceedings and (ii) that the without prejudice rule does not extend to protecting third parties.

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