In Brunel University and another v Webster and Vaseghi, the Court of Appeal held that the EAT had been justified in concluding that there had been a bilateral waiver of privilege in respect of some "without prejudice" negotiations and that evidence of those negotiations could be admitted in proceedings. The Court of Appeal however refused to rule on the issue of whether there is a particular exception to the rule relating to without prejudice privilege, which applies only in discrimination and victimisation cases, as had been suggested in some parts of the tribunal and EAT judgments. The court also specifically refused to determine the correctness of the remarks of the EAT in BNP Paribas v Mezzotero in relation to the suitability of the application of the unambiguous impropriety principle in unlawful discrimination and victimisation cases.