Daks Simpson Group Plc v Kuiper

JurisdictionScotland
Year1994
Date1994
CourtCourt of Session (Outer House)

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9 cases
  • James Braes V. The Keeper Of The Registers Of Scotland
    • United Kingdom
    • Court of Session
    • 30 December 2009
    ...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......
  • Bradford & Bingley Plc v Rashid
    • United Kingdom
    • House of Lords
    • 12 July 2006
    ...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......
  • Cadle Company, The v Hearley
    • United Kingdom
    • Queen's Bench Division
    • Invalid date
  • Albyn Realisations (festival Cars) Limited (in Members Voluntary Liquidation)+ian Douglas Stevenson, The Liquidator Thereof V. Levenfleet Limited+charles Mckinlay
    • United Kingdom
    • Court of Session
    • 20 June 2007
    ...unequivocal statement of fact in the communication being founded on for the purposes of litigation: Daks Simpson Group plc v Kuiper 1994 SLT 689, Richardson v Quercus Ltd 1999 SC 278, Bradford & Bingley plc v Rashid [2006] 1 WLR 2066. However, he made no concession in relation to number 6/1......
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1 books & journal articles
  • Confidentiality and Liability
    • United Kingdom
    • Wildy Simmonds & Hill Advising and Representing Clients at Mediation - 2nd Edition Contents
    • 29 August 2019
    ...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 ......