Day 263 - 14 Jun 96 - Page 03

     
     1        whether you say anything is relevant after September 1990
     2        and, if so, in what way; and then the points on parts which
     3        are blanked out, why you suggest I should suppose that
     4        anything in the blanked out parts is relevant.
     5
     6   MS. STEEL:   Yes.
     7
     8   MR. JUSTICE BELL:  You need not take a long time on it.  I just
     9        want to know the way the matter is put.  Mr. Rampton
    10        probably will not take long in replying.  The only thing --
    11        I will say in his hearing now -- I particularly might want
    12        some help about is if I were to think that privilege had
    13        been waived in respect of particular meetings or events in
    14        relation to which he has or proposes to adduce evidence,
    15        then, were I to think that you should have the copies of
    16        any inquiry agents' notes or agency reports in relation to
    17        those meetings and events, provided they are in the
    18        possession, custody or power of the Plaintiffs.  I do not
    19        think you are asking for anything more, but I think I have
    20        to get to grips with how far the documentation goes; and if
         my instinct -- there is no harm in me thinking aloud,
    22        because as any argument goes along one has a provisional
    23        view; you change it, you dismiss it, you adopt another --
    24        but were I to think along those lines when I have had time
    25        to consider the matter (because I am not going to give
    26        judgment today on it), what rationale I could have for
    27        saying that I thought you should have notes or reports
    28        which are available in relation to a particular meeting or
    29        a particular event, but it would be going too far to have
    30        proofs of evidence, witness statements, draft statements,
    31        and so on.
    32
    33   MR. RAMPTON:  My Lord, at that that point, it may be convenient
    34        if I deal with that now.  I have not got anything like that
    35        anyway.  For the people that I have not proffered as
    36        witnesses, I have -----
    37
    38   MR. JUSTICE BELL:  If there is no problem, that is it.
    39        But -----
    40
    MR. RAMPTON:   All I have got is the agency reports for those
    42        particular dates.
    43
    44   MR. JUSTICE BELL:  Because I might be making some new law on the
    45        point, having read Hobhouse J.'s judgment more carefully.
    46
    47   MR. RAMPTON:  I can relieve your Lordship of that anxiety now.
    48
    49   MR. JUSTICE BELL:  What, because they are not there?
    50 
    51   MR. RAMPTON:  They do not exist. 
    52 
    53   MR. JUSTICE BELL:  To be fair, I think all you have been batting
    54        for -- I say all -- what you have been batting for are
    55        inquiry agents' notes and agency reports which have bounced
    56        off those.
    57
    58   MS. STEEL:   Yes; not any statements, or anything like that.
    59
    60   MR. JUSTICE BELL:  That is a great help.  I can discard that.