Day 305 - 25 Nov 96 - Page 07

     
     1   MR. JUSTICE BELL:  You put the solicitor's letter in, and
     2        I accepted it as information which was to do with the
     3        question of whether we should sit on specific days.  You
     4        obviously -----
     5
     6   MS. STEEL:   That is different.
     7
     8   MR. JUSTICE BELL:  -- also wanted to say something about the "we
     9        produced" part of it.  But I have no evidence from the
    10        solicitor and I have no evidence from you, whatever other
    11        evidence I have.
    12
    13   MS. STEEL:   That was a different letter that you referred to.
    14
    15   MR. JUSTICE BELL:  Very well.  But I had no evidence on this
    16        point or on any other point from the solicitor who was
    17        acting for you in that matter.
    18
    19   MR. MORRIS:  It was the letter of 26th February 1996.
    20
    MR. JUSTICE BELL:  That is not in evidence.
    22
    23   MR. MORRIS:  Can we consider that under the Civil Evidence Act?
    24
    25   MR. JUSTICE BELL:  I will hear what Mr. Rampton says.  But you
    26        would have to give a notice, and there would no doubt be a
    27        counter notice, which would mean that you would have to
    28        call the solicitor; and it is too late for that.
    29
    30   MR. MORRIS:  I considered that it had been in as evidence,
    31        because that was the purpose it was brought in and read out
    32        to the court.  She states how I had instructed her to
    33        change that affidavit because of the error in this.
    34
    35   MR. JUSTICE BELL:  I do not at the moment, unless you have some
    36        other point to make, see it as being in evidence; and it is
    37        far too late to give a Civil Evidence Act, followed, as
    38        I can obviously anticipate that it will be, with a counter
    39        notice which would involve you calling the solicitor
    40        concerned.
    41
    42   MR. MORRIS:  I do not see why the Plaintiffs should counter
    43        notice, because she is just reporting what happened.
    44
    45   MR. JUSTICE BELL:  The fact is, as I see, it is not in evidence.
    46
    47   MR. MORRIS:  Right.  I believe you have discretionary power to
    48        admit any evidence of any kind at any stage.  I would just
    49        ask that you consider admitting that letter in as evidence
    50        at this late stage. 
    51 
    52        Another point about this Haringey affidavit I would like to 
    53        make is that there is no definition of the word "produced".
    54
    55   MR. JUSTICE BELL:  If I may correct myself:  I had a variety of
    56        letters from the solicitor; it is quite right that the one
    57        I was initially thinking of was the one which went as to
    58        timing, and then there was material which you put in, which
    59        included the solicitor's letter, on the question of
    60        amendment; and I was prepared to look at that in relation