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We came across a not-dissimilar situation where the other side (sort of acting in person) sent a load of correspondence to the court in support of an application to fix a hearing. This included all the "without prejudice" emails about settlement. We were intrigued to find out how this would be dealt with by the court because any judge seeing the documents would then have had to have recused themselves.

We never found out, sadly, because the parties (quite rightly) settled the case. If only they had not been so sensible!

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