Day 201 - 15 Dec 95 - Page 06
1 stage of the case; how many interrogatories he has served
2 in the past has an influential effect and is a decisive
3 question, on the question of whether he needs leave or
4 not. I will have to look back at that.
5
6 MR. JUSTICE BELL: Is not the position that Mr. Morris can serve
7 the interrogatories and then you can apply to set them
8 aside, if you wish to, within a period of time?
9
10 MR. RAMPTON: No, my Lord, because Ord. 26 r. 3(1) says that
11 interrogatories without order may be served on the party
12 not more than twice. It may well be that this is more than
13 twice, in which case he needs leave. But, my Lord,
14 I cannot deal with it now.
15
16 MR. JUSTICE BELL: It is going to come back to the same at the
17 end of the day, because I cannot see myself being too fussy
18 in this case whether it is twice, three or four times.
19
20 MR. RAMPTON: My Lord, there are all sorts of question, whether
21 interrogatories is the right form -----
22
23 MR. JUSTICE BELL: I agree, and that is, just supposing this was
24 the first or second time, the kind of point you might raise
25 when seeking to set them aside.
26
27 MR. RAMPTON: Well, I might well do, but I might also say that
28 this is not the right way of proceeding at all.
29
30 MR. JUSTICE BELL: The short point is that you need time to
31 consider matters?
32
33 MR. RAMPTON: Of course I do. It may be that a telephone call
34 to Brazil will give the answers on a piece of paper by way
35 of a letter. The fact is, I have just glanced at that, and
36 I believe some of it at least is based on misconception,
37 anyway.
38
39 MR. JUSTICE BELL: That may be. Where shall I put those for the
40 time being?
41
42 MR. RAMPTON: It may be, I do not know whether your Lordship's
43 Morganti statement has been -----
44
45 MR. JUSTICE BELL: One thing I wanted to ask is where I put
46 this, which Mr. Glen has been carefully carrying backwards
47 and forwards to my room.
48
49 MR. RAMPTON: We have come to court, of course, without any
50 notice that Brazil was going to be raised. I have not
51 brought my Brazilian file.
52
53 MR. JUSTICE BELL: If Mrs. Brinley-Codd could give Mr. Glen one
54 of her keys, I would be grateful. I should put the
55 interrogatories with Mr. Morganti, should I?
56
57 MR. RAMPTON: I would suggest that is the convenient place,
58 my Lord, in fact, yes, because although Mr. Morris says
59 this has something to do with the amended pleading, it has
60 a lot more to do with Mr. Morganti's statement and that
