Oceanbulk Shipping & Trading SA v TMT Asia Ltd & others - detail of "without prejudice" discussions could be used as evidence of meaning of agreement

The general rule is that 'without prejudice' negotiations which fail to achieve settlement of a dispute are generally inadmissible as evidence in subsequent litigation to resolve that dispute. However if the negotiations led to a concluded settlement evidence of them may in appropriate circumstances be admissible if there is subsequent litigation concerning the meaning and effect of the settlement to the same extent that it would be admissible evidence if the negotiations had not been 'without prejudice'

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