January 18, 2026
Rush & Tompkins Ltd v Greater London Council [1988] UKHL 7
Rush & Tompkins, a main contractor, settled with GLC but faced a subcontractor's claim. The subcontractor sought discovery of 'without prejudice' settlement correspondence. The House of Lords held that without prejudice communications are protected from discovery by third parties in connected litigation to encourage settlement negotiations. Facts Rush & Tompkins Ltd entered into a building contract with the Greater London Council (GLC) in December 1971 to construct dwellings. In January 1973, they engaged P.J. Carey Plant Hire as sub-contractors for ground works. Significant delays occurred, and Careys submitted claims for loss and expense against Rush & Tompkins between 1976 and
