Cases - RWE Npower Plc v Alstom Power Ltd
Record details
- Name
- RWE Npower Plc v Alstom Power Ltd
- Date
- [2009]
- Citation
- EWHC 1192 (QB)
- Legislation
- Keywords
- Adjudication - without prejudice letters show dispute crystallised - without prejudice letters not without prejudice
- Summary
-
In this case the judge was referred to a series of without prejudice letters to demonstrate that a dispute had crystallised before the notice of adjudication. He decided on the facts of that case that while the correspondence was headed ‘without prejudice’ in fact it was not without prejudice as it was not correspondence in the course of negotiations. He was therefore entitled to look at the correspondence in order to determine whether or not a dispute had crystallised.