In what circumstances will one party be allowed to give evidence in without prejudice negotiations?
British Columbia, Canada
The following excerpt is from Monument Mining Limited v. Balendran Chong & Bodi, 2012 BCSC 389 (CanLII):
In Unilever Plc v. Proctor & Gamble Co., [2000] 1 W.L.R. 2436 (C.A.) at 2444, Walker L.J. noted that a “party may be allowed to give evidence of what the other said or wrote in without prejudice negotiations if the exclusion of the evidence would act as a cloak for perjury, blackmail or other ‘unambiguous impropriety’”.
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