Your search for ‘CMS Cameron McKenna’ returned 3,233 results

The spotlight has been put on Without Prejudice (WP) communications in a recent reinsurance case between English & American and Axa. WP communications are normally privileged from disclosure by either party in proceedings. he privilege exists to encourage parties to settle their disputes on the basis that concessions can be made in WP negotiations in the knowledge that they cannot be used by the other party in the proceedings.

The recent Court of Appeal decision in Homepace Ltd -v- Sita South Limited provides a useful reminder of the extent of the Court’s power to review the decision of an expert appointed by the parties to determine a dispute under a contractual expert determination provision.