Daks Simpson Group Plc v Kuiper
| Jurisdiction | Scotland |
| Date | 1994 |
| Court | Court of Session (Outer House) |
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18 cases
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James Braes V. The Keeper Of The Registers Of Scotland
...to have been written "without prejudice". The effect of that phrase was explained by Lord Sutherland in Daks Simpson Group Plc v Kuiper 1994 SLT 689 at 692 B-E: "The general principle underlying the rule is that if offers, suggestions, concessions or whatever are made for the purposes of ne......
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Bradford & Bingley Plc v Rashid
...purpose of securing a settlement" but a statement of fact. 11 This case was followed by Lord Sutherland in Daks Simpson Group plc v Kuiper 1994 SLT 689, another motion for summary judgment in a claim against a director for an account of secret commissions. In a letter expressed to be withou......
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Mr K Ferguson v Kintail Trustees Ltd and Agnes Lawrie Addie Shonaig MacPherson: 4103321/2020
...unequivocal admission of fact made in without prejudice communications is capable of being founded on – Daks Simpson Group plc v Kuiper 1994 SLT 689. The Judge did not consider that that was an exhaustive statement of the law in Scotland. noted that the Framlington case concerned a claim fo......
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Lujo Properties Ltd Against Gruve Ltd
...Ms Coburn which formed the crux of the defender’s waiver and personal bar pleas. Reference was made to Daks Simpson Group Plc v Kuiper 1994 SLT 689, 690-692; Richardson v Quercus Ltd 1999 SC 278, 283-284, 289-290; Berkley Square Holdings Ltd v Lancer Property Asset Management Ltd [2021] 1 W......
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1 books & journal articles
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Confidentiality and Liability
...in Scotland Scotland does not have a true equivalent to the without prejudice rule in England. In Daks Simpson Group plc v Kuiper [1994] SLT 689, the Outer House of the Court of Session held that while the without prejudice rule did apply to negotiations it could not apply to admissions of ......