The EAT have overturned, in the case of Eversheds LLP v Mr Gray,  an Employment Tribunal ruling that certain without prejudice communications between parties representatives should be heard in public.

Judge Clarke comments ‘It is in the interests of justice that partices to civil disputes may enter into negotiations with a view to resolving such disputes in the knowledge that those negotiations will remain private and confidential’.

This comes against an interesting backdrop where the Coalition are intending to give more flexibility to parties to enter into without prejudice discussions to avoid avoidable litigation!