WOODE V. AGGREY AND ANOTHER

BENIN J.

There was an attempt to tender a letter written “without prejudice” to the solicitor for the plaintiff by the defendants’ solicitor in response to one written by the former to the second defendant. This was before the present proceedings commenced. This attempt was resisted by counsel for the defendants on the main ground that the letter written and marked “without prejudice” could not be tendered in evidence, referring to the case of Walker v. Wilsher (1889) 23 Q.B.D 335, C.A. I think, with respect, this decision did not lay down any hard and fast rule that any letter marked “without prejudice” cannot be tendered in evidence. I think that case even made it clear that under certain circumstances such a letter may be admitted to explain the mere fact that such a letter was written, as well as the date the negotiations were discussed, though not its contents. But even with regard to the contents the rule is that they cannot be disclosed only if there were negotiations to settle…