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ARTICLE · 19 MARCH 2025

Morris v Williams

Fenwick Elliott LLP
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Morris brought a claim for personal injuries sustained in a road traffic accident in July 2018. Negligence was not in dispute, and although Morris suffered some injuries...

United KingdomLitigation, Mediation & Arbitration
Jeremy Glover
Jeremy Glover
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[2025] EWHC 218 (KB)

Morris brought a claim for personal injuries sustained in a road traffic accident in July 2018. Negligence was not in dispute, and although Morris suffered some injuries, Williams ran a defence of fundamental dishonesty, saying that the effect and extent of the injuries had been seriously exaggerated. Williams made an application asking that a letter dated 12 May 2023, written by Morris's then solicitors, could be adduced as evidence despite being marked, "without prejudice – save as to costs".

The starting point for DJ Dodsworth was that without prejudice correspondence is inadmissible. In the words of Oliver LJ in Cutts v. Head [1984] Ch 290, 306:

"The public policy justification, in truth, essentially rests on the desirability of preventing statements or offers made in the course of negotiations for settlement being brought before the court of trial as admissions on the question of liability."

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This article is taken from Fenwick Elliott's 2021/2022 Annual Review. To read further articles go to Fenwick Elliott Annual Review 2021/2022

This article is based on recent summaries from the Fenwick Elliott Dispatch, a monthly newsletter which highlights some of the most important legal developments during the last month, relating to the building, engineering and energy sectors. You can find further details here: https://www.fenwickelliott.com/knowledge-hub/dispatch-articles/

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