Talks were reportedly held last week with both sides wanting to come to an “amicable” solution.
Walliams, 52, is suing Fremantle Media for up to £10million for breach of data protection, claiming he was “spied on” during his ten-year stint on the show.
He said Fremantle had “recorded, transcribed and retained” every word he spoke during filming, adding he did not know that his microphone was kept on and was capturing many hours of private conversations.
Walliams used crude, derogatory language to mock two contestants. His words were later leaked to the media.
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The comedian, who publicly apologised for his “disrespectful” remarks, said the fallout destroyed his “reputation and career” and he lost earnings, including a £1million contract to work as a judge on BGT 2023 which was withdrawn.
He and his lawyers argue the comments were part of a private conversation and were not intended for broadcast. They say 1,700 hours of audio recordings – including personal conversations about the breakdown of his marriage – were collected by Fremantle.
Remarks made by fellow judges Simon Cowell, Amanda Holden and Alesha Dixon, not meant for broadcast, were reportedly processed.
Since the scandal, Walliams has been treated for severe depression and has had “active suicidal thoughts”, legal papers say.
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In a draft report, his psychiatrist Dr Mark Collins said Walliams has “lost the ability […] to be funny”.
A source told a Sunday newspaper both want to avoid court and that an agreement is “not far off”.
Fremantle previously said it is “saddened” by the legal action.
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