Day 188 - 15 Nov 95 - Page 61
1 MR. RAMPTON: It is a case called Brinks Limited v. Abu-Saleh &
2 Ors. The reference is [1995] 1 W.L.R. 1487. It is a
3 judgment at first instance by Rymer J. in which he very
4 helpfully summarises, by reference to a judgment of the
5 Privy Council in two cases actually on page 1497, the
6 distinction between reports of what are said which are
7 objectionable, what has been said which are objectionable
8 by way of hearsay, and reports which are not objectionable
9 because what matters is what he said and not the truth of
10 it. That is the bottom of 1497 and the top of 1498.
11
12 Then, in general, the substance of the judgment is also
13 helpful, not for this purpose but for the purposes of this
14 case generally, because it explains in what circumstances
15 (if any) a Civil Evidence Act statement may contain
16 hearsay. As your Lordship will see, if Mr. Justice Rymer
17 is right, those circumstances are very limited.
18
19 MS. STEEL: Could you give the name of that case again,
20 please?
21
22 MR. JUSTICE BELL: It is Brinks Limited. It is all to do with
23 the Brinks Mat robbery ---
24
25 MR. RAMPTON: That is right. It was a civil claim.
26
27 MR. JUSTICE BELL: -- and recovery of money from those who might
28 have taken part in it.
29
30 MR. RAMPTON: My Lord, I will -----
31
32 MS. STEEL: Is there another name, or do we not need that?
33
34 MR. JUSTICE BELL: Brinks Limited v. Abu-Saleh.
35
36 MR. RAMPTON: A-B-U--S-A-L-E-H.
37
38 MS. STEEL: Thank you.
39
40 MR. JUSTICE BELL: What I suggest we do -- there is nothing in
41 there which is inconsistent with anything I have said so
42 far, is there?
43
44 MR. RAMPTON: Absolutely nothing. In fact, there was nothing
45 inconsistent with any submission that I have yet made in
46 the case.
47
48 MR. JUSTICE BELL: What I suggest we do, quite frankly I would
49 not bother to try and get to grips with that before dealing
50 with Mr. McGee -----
51
52 MR. RAMPTON: I only mentioned it now.
53
54 MR. JUSTICE BELL: I will take the five minute break now. When
55 I come back you can address me on anything you want to
56 which Mr. Rampton has objected to in Mr. McGee. We will
57 then read Mr. McGee. We will see if there is anything else
58 we can usefully read, including Mr. McCann -- it matters to
59 me not when he is read -- and then we will break off in
60 time, certainly this afternoon, for you to make a photocopy
