“…ecessary to attract without prejudice privilege was that negotiations must be “genuinely aimed at settlement” (see Rush & Tompkins Ltd v Greater London Council [1989] 1 AC 1280). He described Hawick Jersey Ltd v Caplan as a clear case of an improper threat, but added an important note of caution:…”
“…o protected from inspection by other parties in the same litigation, whether or not a settlement was concluded: see Rush & Tomkins Ltd v Greater London Council [1989] 1 AC 1280 at 1300, 1305 (Lord Griffiths).…”