Day 260 - 11 Jun 96 - Page 05
1 MR. HALL: I do have a list of authorities on waiver of
2 privilege.
3
4 MR. RAMPTON: That is right. Thank you.
5
6 MR. RAMPTON: The other thing is this: like your Lordship, I am
7 anxious to get on with Mr. Bishop. I have not, because
8 I have only just been given Mr. Hall's skeleton argument --
9 no criticism of him of course -- I have not got those
10 authorities here in court. I want to go and have a look at
11 the question of dominant purpose, in the light of what he
12 says. I would also like the opportunity of looking back at
13 Mr. Nicholson's and Mr. Preston's evidence. Though I think
14 in large part the question dominant purpose is an objective
15 one, nevertheless, it is only to an extent that that can be
16 so, because it depends on the facts of each case.
17
18 MR. JUSTICE BELL: I suggest we get on with Mr. Bishop's
19 evidence. If we grind to a halt, we will take stock of the
20 position.
21
22 MR. RAMPTON: Yes.
23
24 MS. STEEL: Can I just ask a question, which is that it seems
25 to me from the legal authorities that Mr. Rampton referred
26 us to the other day, that it is clear as day that if
27 privilege is waived on a document, it is waived on the
28 whole document; and if Mr. Rampton would agree that that is
29 the case, then it is going to save arguing that. I mean,
30 it says that in the White Book and it says that in a number
31 of the cases that have been referred to. So, that will
32 save time in terms of where there is an actual document
33 where privilege has been waived, but parts have been
34 blanked out.
35
36 MR. RAMPTON: No, my Lord. Again, that is not right, if one
37 reads Greater Insurances (?). It is only so if various
38 parts of the documents are all connected to the same
39 topic. If they are not, no. It is several, in effect,
40 into more than one document, then the other bits are not
41 relevant and are not disclosable.
42
43 MS. STEEL: The topic is the events of what went on at the
44 meetings, which is what the -----
45
46 MR. JUSTICE BELL: I will obviously have to hear argument about
47 that, as to whether it fell into the category that
48 Mr. Rampton says it does or which you say it does. But
49 I am not going to preempt the argument, as you have the
50 benefit of Mr. Hall's assistance. I will hear the argument
51 in the usual form and at the appropriate time. Yes.
52 Mr. Bishop.
53
54 BRIAN BISHOP, recalled
55 Cross-examination by the Defendants, continued
56
57 MS. STEEL: Are you still working for Kings Investigation
58 Bureau?
59 A. I was, at the time of attending the meetings, working
60 in a self-employed basis, freelance, and I still work in
