“…The existence of the “without prejudice” rule, and the policy reasons for it, are wellknown and well-established. In Rush & Tompkins Limited v GLC [1989] AC 1280, Lord Griffiths, with whom the other members of the House of Lords agreed,approved Oliver J’s statement in Cutts v Head [1984] Ch 290 at 306:…”
“… Linsley & Mortimer [1996] PNLR 74 Hoffmann LJ (controversially) interpreted the decision of the House of Lords in Rush & Tompkins Ltd v Greater London Council [1989] AC 1280 that “without prejudice” communications are privileged from disclosure to third parties as limited to communications making admissions against interest, althou…”