Day 258 - 07 Jun 96 - Page 66


     
     1        must apply to the whole document.
     2
     3   MR. JUSTICE BELL:  Yes, but I will hear the argument at the
     4        appropriate time which I consider when you first want
     5        actually to ask one of the inquiry agents about something
     6        relating to it.  As I understand it, all the actual notes
     7        are going to be in court in case something has to go in
     8        which is not in the evidence, and if you succeed in
     9        obtaining discovery after argument at the appropriate time
    10        and it goes in, and it leads you to some particular
    11        difficulty you will have to raise it with me at the time.
    12
    13   MR. MORRIS:  If it is a matter of who attended a meeting it must
    14        be relevant.
    15
    16   MR. JUSTICE BELL:  I am not going to hear the argument at 12
    17        minutes past 4.  I have got a vast list of authorities and
    18        references to two chapters in the text book, and I assume
    19        there is going to be an argument about it.  When the time
    20        comes, and if you do, you ask one of the witnesses to look
    21        at that note; who was it, who was there, apart from X, Y
    22        and Z, and Mr. Rampton stands up and says, they are not
    23        entitled to that information, then the witness will have to
    24        stand out for a while, I will hear argument and I will give
    25        a ruling.  That is the way I propose to deal with it.  What
    26        I did not want to do when the matter was raised before is
    27        just give a ruling in principle.  I want to deal with it
    28        when a particular issue arises, if it does arise.
    29
    30   MS. STEEL:   OK.  I think that in terms of specific ones as
    31        opposed to a general request that all the blanked out bits
    32        be disclosed seeing as--
    33
    34   MR. JUSTICE BELL:  Bear in mind what I have just said.  When you
    35        come to question one of the inquiry agency witnesses a time
    36        will come when you will, it sounds as if, say, 'look at
    37        those notes' and then ask a question which Mr. Rampton will
    38        object to.  Then I will hear argument and make a ruling,
    39        and the ruling in relation to the first matter which arises
    40        may or may not cover any further objections which were
    41        made, but I want to take them, hear the argument and rule
    42        on them, as specific objections made in relation to
    43        specific potential evidence, rather than give a ruling in
    44        principle, because I can see that if I give a ruling in
    45        principle a lot of time might be wasted on arguing about
    46        possibilities which do not arise, or my ruling in principle
    47        may turn out not to be clear in a particular situation.
    48
    49        So that is the way I prefer to do it.
    50 
    51   MS. STEEL:   OK.  That is it then. 
    52 
    53   MR. RAMPTON:  Can I add my, Lord, I told your Lordship last time
    54        the list of authorities related to the question of
    55        privilege, which it did, and then your Lordship said 'what
    56        about the question of what documents in principle are
    57        privileged'.  With the particular reference to the
    58        question, are communications between client and third party
    59        absent lawyer privileged, the answer is, yes, they are, but
    60        the two additional authorities which show that are

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