A recent case, BE v DE [2014], has found that a dinner date between a husband and wife was just that, a dinner date. Whilst at the restaurant the husband produced an agreement during court proceedings several months later, he argued that the date had been ‘without prejudice’ and so could not be referred to by the wife.
The Judge agreed with the wife that at the time there was not a dispute, it was merely a meeting of an unhappy couple discussing their marital problems over dinner. The decision of the Judge was therefore that the meeting could be referred to.
Husbands and wives may therefore need to start any conversations with the words ‘without prejudice.’ Some may say this is perhaps taking things a bit too far but in this case the husband clearly did not want the conversation to be referred to and issued an application to prevent it from being mentioned in court, but sadly for him his application failed.
This case just shows the lengths that some people are willing to go to when it comes to protecting information during court proceedings and when settling disputes.
For further information on court proceedings within separation or any other family matters, please contact our Family team on 0161 475 7676
