Day 311 - 06 Dec 96 - Page 08


     
     1
     2   MR. RAMPTON:  The method of proof is different, because it
     3        becomes proof by reason of the rule that -----
     4
     5   MR. JUSTICE BELL:  But the fact that that was the answer given
     6        to an interrogatory is always in the forum, is it not?
     7
     8   MR. RAMPTON:  Yes, it is.
     9
    10   MR. JUSTICE BELL:  Regardless of Order 26, Rule 7.
    11
    12   MR. RAMPTON:  It is by operation of a different rule that it
    13        becomes evidence against Mr. Morris, and that is the rule
    14        that it is an admission made out of court and is against
    15        interest.
    16
    17   MS. STEEL:   It is always going to be what-- sorry?
    18
    19   MR. RAMPTON:  I have no objection to your Lordship reading the
    20        whole of the interrogatories -- though I am sure you
    21        already have -- no objection at all.
    22
    23   MR. MORRIS:  Can I just say, I have not got a copy of my
    24        interrogatories.  Has someone got a copy they can show me?
    25
    26   MR. JUSTICE BELL:  Look at it later.  You can look at it in the
    27        midday adjournment.  As I understand the position at the
    28        moment -- and you are going to come back to your
    29        submissions of law, so you can deal with it then -- as
    30        I understand it, the position is this: if you ask whether
    31        someone was at such and such a place at such and such a
    32        time, by interrogatory, and they give an answer to it, the
    33        other side can adopt that answer as evidence of the truth
    34        of what is said.  In other words, if it asks: "Were you at
    35        5 Caledonian Road on such and such a date", and the answer
    36        is, "Yes", the other side can put that in as evidence that
    37        the party who has sworn the answer to the interrogatory was
    38        at 5 Caledonian Road on such and such a date.  That is one
    39        situation.  If there is an interrogatory: "Were you at
    40        5 Caledonian Road on such and such a date", and the answer
    41        sworn is, "No", but it is conclusively proved that you were
    42        there, the answer is not put in by the other side as
    43        evidence that you were not; in fact, their whole case is
    44        that you were; but the answer to the interrogatory can be
    45        used as a demonstration that you have lied in the past
    46        about whether you were at 5 Caledonian Road on that day,
    47        because that is something which may go to the credit of the
    48        particular witness.
    49
    50        If I have misunderstood the position, Mr. Rampton, I would 
    51        like to be corrected on it.  And if you disagree with it, 
    52        Ms. Steel or Mr. Morris, when we come back some time next 
    53        week over your legal submissions, you must deal with it
    54        there and put me right, because I will certainly consider
    55        anything which is put before me.
    56
    57   MR. RAMPTON:  To that end, my Lord, two things.  First, that the
    58        Defendants should have this part of today's transcript,
    59        obviously, because they will need to take legal advice
    60        about it.  The second thing is this:  it may be that

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