“…d by Robert Walker LJ in Unilever at pp.2448-49. The distinction drawn by the judge is redolent of the approach of Hoffmann LJ in Muller v Linsley and Mortimer [1996] PNLR 74 that the without prejudice rule applies only to admissions, which was rejected by the House of Lords in Ofulue v Bossert.…”
“…Sometimes this technique is used by a court lower in the hierarchy than the court which decided the precedent case. For example, in Muller v 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 preju…”