Oceanbulk SA v TMT Asia Ltd - High Court overruled: without prejudice communications not admissible to establish meaning of settlement agreement

Although there are exceptional circumstances where without prejudice communications can be admitted in evidence, the without prejudice negotiations leading to a compromise agreement are not (contrary to what the High Court had ruled) admissible to enable a court to ascertain the proper meaning of that agreement. The policy of protecting without prejudice communications is stronger than the policy of providing a judge with every conceivable help to arrive at a just solution.  

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