Day 260 - 11 Jun 96 - Page 04

     
     1        the reports made by those who employed them are
     2        discoverable, not just in the sense that they should be
     3        listed but that you should have the right to inspect them
     4        and have copies if necessary; but, secondly, if they would
     5        originally have been covered by some privilege making
     6        immune for discovery, whether anything which the Plaintiffs
     7        have done has waived that privilege.
     8
     9        I say this aloud merely so that Mr. Hall can hear it.
    10        Whether he is right about the law or not, I can see that
    11        there might be some argument about what the purpose of the
    12        witness notes was, in the light of the evidence I have
    13        heard so far.
    14
    15        If, at the end of the day, I thought that the notes and the
    16        reports were privileged because they were either created
    17        with a view to the Plaintiffs (as examples) obtaining
    18        advice from Barlow Lyde & Gilbert, or created when
    19        litigation was contemplated and with that as a dominant
    20        motive, then I might still be helped by Mr. Hall (if he is
         prepared to give the help) as to whether, if that were so,
    22        the Plaintiffs have taken a course with regard to
    23        disclosure of notes of some inquiry agents, which means
    24        that any privilege has been waived with regard to the rest.
    25
    26        Mr. Hall has not addressed that in his skeleton argument.
    27        He may not have been alerted to it.
    28
    29   MR. RAMPTON:  I have alerted him to it.  I gather he has got the
    30        authorities which I have.  The only thing I am not sure
    31        about is whether he has also, which I have prepared -- I do
    32        not know if your Lordship has it either -- in relation to
    33        the question of waiver and its extent, the pages from Style
    34        and Hollander.
    35
    36   MR. JUSTICE BELL:  I have got the actual book.
    37
    38   MR. MORRIS:  We have not got that material.
    39
    40   MR. RAMPTON:  What I cannot remember if I handed in copies of
         the relevant parts of Ventouris and Mountain.  I know the
    42        Defendants themselves copied the -----
    43
    44   MR. JUSTICE BELL:  I have a copy of that report, and I have a
    45        photocopy of Societe Francais.
    46
    47   MR. RAMPTON:  What I will do, if I may, is pass over a complete
    48        set for Mr. Hall, so that he has it.
    49
    50   MR. JUSTICE BELL:  I had rather assumed you have no objection to 
    51        Mr. Hall giving me such assistance as ----- 
    52 
    53   MR. RAMPTON:  No.  I am absolutely delighted, I have to say.
    54        May I inquire through your Lordship whether Mr. Hall has my
    55        original list of authorities?
    56
    57   MR. JUSTICE BELL:  You have got rights of audience for all
    58        relevance purposes, Mr. Hall, so do not hesitate to join
    59        in.
    60