Without prejudice privilege extends to protect settlement negotiations from disclosure to third parties where the litigation has a connection with the same subject matter as the negotiations. Without prejudice privilege is not confined to admissions made in the course of negotiations. A party that pleads the reasonableness of a settlement does not thereby waive legal professional privilege or without prejudice privilege where it intends to establish reasonableness by reference to objective circumstances rather than legal advice received. The general principles governing waiver of legal professional privilege, including the Mann v Carnell inconsistency test, apply also to without prejudice privilege.
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