Day 205 - 17 Jan 96 - Page 23
1
2 I am now going to, if I may -- it may not make any long
3 term difference because your Lordship is going to have to
4 decide whether the interrogatories should be allowed any
5 way -- stand now on my strict right under Ord. 26 r. 3(i)
6 and say that Mr. Morris and Ms. Steel need leave for these
7 interrogatories and for the ones which they have purported
8 to serve in relation to Brazil.
9
10 MR. JUSTICE BELL: But, at the end of the day, it boils down to
11 the same question which I have to ask, but the point --
12 thank you, Mr. Rampton -- which Mr. Rampton is making is
13 that it is not incumbent under the Rules for him to seek to
14 set aside ---
15
16 MR. RAMPTON: That is right.
17
18 MR. JUSTICE BELL: -- the interrogatories. It is incumbent upon
19 you to ask leave to serve them. But, at the end of the
20 day, it does not make any difference to the question.
21
22 MR. MORRIS: Yes, when he brought this up before, I think you
23 said something to the effect of: "These are on newly
24 pleaded matters" and, therefore, we would have a right to
25 go for interrogatories without leave, and that does not
26 make sense.
27
28 MR. JUSTICE BELL: I do not remember that.
29
30 MR. MORRIS: It does not make sense anyway.
31
32 MR. JUSTICE BELL: As I understand Ord. 26 r. 3(i), you are now
33 at a stage where you have to ask for leave for your
34 interrogatories.
35
36 MR. MORRIS: Does that apply to ------
37
38 MR. JUSTICE BELL: It seems to me it does not make any
39 difference of substance at the end of the day whether you
40 have to ask for leave or you can serve them without leave
41 and Mr. Rampton has to ask to set them aside. I forgot to
42 ask myself the same question, which is, without using the
43 language in the Rules, whether interrogatories on the
44 particular topics are justified.
45
46 MR. MORRIS: Right. I have not obviously studied the White Book
47 on it, but it would make sense to me that if there has been
48 amended pleadings that you would be entitled to ask for
49 interrogatories without leave.
50
51 MR. JUSTICE BELL: It is not what the Rule says, but it does not
52 matter, quite frankly.
53
54 MR. MORRIS: OK. But, anyway, coming on to the employment
55 interrogatories, if I can find them. Yes, I think they are
56 contained in my package under the -----
57
58 MR. JUSTICE BELL: I have them on a separate sheet which you
59 handed in the other day.
60
