Without prejudice: when is the privilege overridden? David Burrows reports
The main proceedings, in Williams v Hull were under the Trusts of Land and Appointment of Trustees Act 1996 (see [2009] EWHC 2844 (Ch), [2009] All ER (D) 216 (Nov)). Former cohabitants sought a declaration from the court as to their beneficial interests in their jointly owned property.
Their contributions to the purchase price had been heavily disproportionate: Ms Williams had paid appreciably more than Mr Hull towards the purchase price. The couple had signed a TR1 (transfer of title) which appeared to have been altered after its execution by them. This was the document which might be treated as defining their beneficial entitlements.
In interim proceedings Ms Williams sought an order that privilege did not attach to a letter written to her by Mr Hull. This letter was one in a series of three written by the couple to each other before the issue of proceedings. Ms Williams (herself a solicitor) sought to rely on the second letter in the series (from Mr Hull to her and headed by him: “Subject to Contract and
