Ferster, Jonathan -v- Ferster, Stuart and Ferster, Warren and Interactive Technology Company Limited - Court of Appeal (Lord Justice Patten, Lord Justice Floyd and Mr Justice Baker) - [2016] EWCA Civ 717

Jonathan Ferster wanted to amend his petition under the Companies Act 2006 (the unfair prejudice provision) so as to refer to the contents of an email dated 29 April 2015 sent by the mediator herself in the context of a mediation. That email would normally be subject to the without prejudice rule. Here, the judge at first instance said the email contained “an attempt at blackmail which falls firmly within the exception [to the without prejudice rule] and that the email was admissible so that it could be referred to in the petition. (First instance judgment available here: http://www.bailii.org/ew/cases/EWHC/Ch/2015/B19.html)

The Court of Appeal agreed with judge’s finding on the basis of unambiguous impropriety.