Jurisdiction(s):
United Kingdom

IPEC clarifies admissibility of without prejudice negotiations; exceptions narrowly applied; cost-benefit discipline for interim applications and witness evidence (Ocean on Land Technology v Land [2024] EWHC 396 (IPEC))

Published on: 15 March 2024

Published by a LexisNexis IP expert

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Article summary

Ocean on Land Technology (UK) Ltd and another company v Land and others [2024] EWHC 396 (IPEC) What are the practical implications of this case?

This ruling clarifies when certain evidence can be admitted, notably concerning without prejudice communications, within IPEC claims. As the IPEC caters for shorter, simpler, lower-value disputes, parties ought to pause before bringing any interim application and first attempt to resolve the point. The court will approach applications through a strict cost–benefit lens, and the decision emphasises that elaborate interim hearings and applications on marginal issues should be uncommon in the IPEC. It follows that interim steps must align coherently with the questions that will matter at trial. The same approach governs witness evidence: parties should confine themselves to the genuinely contested matters. On admissibility of without prejudice material, the judgment underlines the court’s restrictive stance on allowing exceptions. Accordingly, litigants need to ensure proportionality when preparing applications. Focus should remain on the issues for trial, not peripheral skirmishes. Attempts to widen exceptions to without prejudice privilege are unlikely to succeed...

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