Day 246 - 09 May 96 - Page 11


     
     1
     2   MS. STEEL:   I am sorry, are we at the bottom of the page?
     3
     4   MR. RAMPTON: "Communications privileged only when litigation is
     5        contemplated or pending", this litigation was pending.
     6        That is for the Defendants's benefit, legally it is for
     7        saying litigation is in existence. "Solicitors and
     8        non-professional agent or third party communications"----
     9
    10   MR. JUSTICE BELL:  Do not go so fast, please.  It may be obvious
    11        to you, but I may be learning something.
    12
    13   MR. RAMPTON:  Sorry.
    14
    15   MR. JUSTICE BELL:  I do not always learn very quickly.
    16
    17   MR. RAMPTON:  No.  I will start again: "Solicitors and
    18        non-professional agent or third party.  Communications
    19        between a solicitor and a non-professional agent or a third
    20        party, directly, or through an agent, which come into
    21        existence after litigation has contemplated or commenced
    22        and made with a view to such litigation, either for the
    23        purpose of obtaining or giving advice in regard to, or of
    24        obtaining or collecting evidence to be used in it, or
    25        obtaining information, which may lead to the obtainment of
    26        such evidence are privileged", and then, my Lord, there is
    27        a host of authority with which your Lordship will probably
    28        be familiar going back at least for more than 100 years.
    29
    30        Then there is about litigation in a foreign court.  Then,
    31        my Lord, further, on the other side of the page, opposite
    32        page, 24, 5, 9:  "Client and non-professional agent or
    33        third party.  The general principle is that documents
    34        embodying communications with, including reports to or from
    35        a non-professional servant agent or third party, are
    36        privileged if and only if coming into existence for the
    37        purpose of obtaining legal advice in existing or
    38        anticipated proceedings."
    39
    40        Then there is the well known case of Seabolt v British
    41        Transport Commission is cited.  But, my Lord, for the
    42        purposes of this particular application, it is the first of
    43        those passages which is the important one, because what was
    44        blanked out was legal advice communicated to the client or
    45        to the client's agent, Scope, in contemplation of these
    46        existing proceedings for, but one might rather say,
    47        assistance in the conduct of these proceedings and their
    48        activities in relation to these proceedings.
    49
    50        I have said already said that a good deal of the material 
    51        that was blanked out was not relevant. 
    52 
    53   MS. STEEL:  As far as I can see, the first one that Mr. Rampton
    54        read out: "Communications 24/5/8, communications privileged
    55        only when litigation is contemplated or pending, solicitors
    56        and non-professional agent or third party," talks about, in
    57        the fourth line, it has got about communications before
    58        then, "either for the purposes of obtaining or giving
    59        advice in regard to it or of obtaining or collecting
    60        evidence to be used in it, or of obtaining information

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