Day 249 - 14 May 96 - Page 72


     
     1
     2   Q.   Is there anyone else you want to put?
     3
     4   MS. STEEL:  I cannot think of anyone off-hand.
     5
     6   MR. JUSTICE BELL: Is it the same woman in photograph 7, because
     7        we can see her face there on the left of the photograph, or
     8        you suggest it is.
     9
    10   MS. STEEL:   Sorry, I am trying to find the page.  Yes, that is
    11        the same person.
    12        A.  To my knowledge, my Lord, I have never met this person
    13        before.
    14
    15   Q.   Are you saying that the firms of private investigators were
    16        not keeping you informed of what they were doing?
    17        A.  Yes, they were.
    18
    19   Q.   I must say, I do not particularly want to make a formal
    20        application now, but it strikes me that the reports
    21        received from the private investigators must be disclosable
    22        as they are relevant evidence
    23
    24   MR. JUSTICE BELL:  What I will say is that I will hear some
    25        formal argument about that at some stage.  There may be
    26        more to it which you can look up if you like, or if you
    27        enlist the help of someone and Mr. Rampton may help me
    28        about it.  I remember at one time there was an argument
    29        about whether insurance claims forms, for instance, were
    30        disclosable in personal injury accidents.  So you may be
    31        able to find the case or maybe Mr. Rampton may be able to
    32        refer me to a case where apart from any general principle
    33        where, in a situation like this, documents are disclosable
    34        or not the subject of privilege.  But I will say no more
    35        about it because I may need some educating on it.
    36
    37        On the face of it, you see, they are reports from an agent
    38        on behalf of the Plaintiffs which are delivered to that
    39        Plaintiffs' solicitors with a view to litigation.  I have
    40        got to approach privilege as a legal concept.  It is easy
    41        in any particular case to say, "Well, the other party is
    42        hiding behind it", or something like that, but privilege
    43        has a sound basis in public policy in that it is thought
    44        that people should be able to make all the inquiries they
    45        want without feeling they will have to be disclosed in the
    46        future.  Very often, the inquiries help the public good
    47        because they mean that no litigation follows.  There are
    48        all sorts of public policy reasons.  But however that may
    49        be, that is just an aside because the fact is there are
    50        rules about privilege and I have got to observe those.  No 
    51        judge is entitled to say, "Well, whatever could be said 
    52        about legal professional privilege generally, I am not 
    53        going to apply it in this case because I do not think it is
    54        in the public interest".  I just do not have that kind of
    55        power.
    56
    57        So, apply your mind to it.  Remember also that you are
    58        cross-examining a witness called by Mr. Rampton on behalf
    59        of the Plaintiffs.  I know you set great stock in some
    60        instances in cross-examination, but cross-examination of

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