Day 190 - 23 Nov 95 - Page 29
1 nor Mark Ryan had any authority whatsoever to speak to
2 Ms. Lamb for publication.
3
4 MR. JUSTICE BELL: One of the authorities in paragraph 24-45 was
5 the bank manager case.
6
7 MR. MORRIS: Sorry, which tab are we in?
8
9 MR. JUSTICE BELL: Tab 1.
10
11 "The Manager of a banking company may make
12 admissions against the bank as to its practice
13 in making loans to customers."
14
15 MR. RAMPTON: I would like to have had that one, but we do not
16 have the Law Times in chambers, and I did not have time to
17 get it..
18
19 MR. JUSTICE BELL: I suggest we do get it, because I would be
20 interested just to see to whom the admission was made.
21 I understand it perfectly well if it was to a customer,
22 because obviously, by any of the tests you posed, a manager
23 would be speaking to a customer seeking a loan on behalf of
24 the bank when he spoke of the bank's practice in making
25 loans to customers. I just wanted to check to see if it
26 was -----
27
28 MR. RAMPTON: One should do that, I agree.
29
30 MR. JUSTICE BELL: It might be the same if it was someone in an
31 official capacity, as the milk inspector.
32
33 MR. RAMPTON: That is right. If he was a DTI inspector, or
34 something like that, then plainly he would be; and plainly
35 he would be if he was a customer. One sees that the name
36 of the plaintiff was Simmons. Perhaps the likeliest thing
37 is if it was said to Simmons himself, or herself. I do not
38 know. But I gratefully accept that suggestion.
39 Unfortunately, Mr. Atkinson is not here, else I could send
40 him to the Bar library.
41
42 MR. JUSTICE BELL: How much more have you got to say on your
43 submissions?
44
45 MR. RAMPTON: I have very nearly finished.
46
47 MR. JUSTICE BELL: I have to look at the parts we are concerned
48 with, have I not?
49
50 MR. RAMPTON: What I have said applies, I believe, to the whole
51 of the statements of Lynval and Mark Ryan.
52
53 MR. JUSTICE BELL: Might I need any further evidence, for
54 instance, as to the basis upon which Ms. Lamb conducted the
55 interviews?
56
57 MR. RAMPTON: My Lord, I am not sure it would make any
58 difference, because -----
59
60 MR. JUSTICE BELL: What troubles me at the moment, since it says
