admission of liability

The New Without Predjudice Exception – KLD Residential CC v Empire Earth Investments

13th September 2017|Articles, Litigation|

The South African Supreme Court of Appeal (the “SCA”) has created a new exception to the without prejudice rule. In KLD Residential v Empire Earth Investments (1135/2016) [2017] ZASCA 98, the court held that admissions of liability, made during without prejudice negotiations, are now admissible for the purposes of interrupting  the prescription period in terms

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