Day 262 - 13 Jun 96 - Page 80
1 disclosed. It is yet another thing to permit
2 cross-examination on those areas.
3
4 I heard Mr. Rampton's point earlier that he was concerned
5 about the use to which they may be put in court and court
6 time that may be taken up in so doing, but your Lordship
7 has the final say over whether or not questions can be
8 asked concerning irrelevant passages. But you cannot hear
9 argument on that unless the Defendants are shown those
10 passages, and indeed your Lordship can read them for
11 yourself.
12
13 MR. JUSTICE BELL: I think G.E. Capital dealt fairly and
14 squarely with that. I am afraid I am bound by it.
15
16 MR. HALL: So be it.
17
18 MR. JUSTICE BELL: The whole ratio of G. E. Capital was that
19 Great Atlantic was in relation to privilege, whereas G.E.
20 Capital was in relation to relevance. But there we are.
21 I am very grateful for your help.
22
23 MR. HALL: May I have a brief word with -----
24
25 MR. JUSTICE BELL: Yes, do.
26
27 (Pause while counsel confers with the Defendants)
28
29 MR. HALL: My Lord, I do not think there is anything I can
30 usefully assist you with at this stage.
31
32 MR. JUSTICE BELL: I am very grateful to you for giving up your
33 time, Mr. Hall. I am grateful to everyone for being
34 prepared to stay in court late. Thank you.
35
36 MR. RAMPTON: My Lord, one thing. What time should I, in your
37 Lordship's estimation, arrange for Mr. Pocklington to be
38 here tomorrow?
39
40 MR. JUSTICE BELL: I would suggest 12 o'clock.
41
42 MR. RAMPTON: 12 o'clock. I am grateful for that. Just in case
43 your Lordship were willing to do any prep overnight,
44 because it might save a bit of time tomorrow, can
45 I recommend the discussion of Lillicrap v. Nalder, that was
46 the solicitor case, which appears on pages 228 and 229 of
47 Style and Hollander. It includes a reference to another
48 case, a judgment of Mr. Justice Cummins(?) which your
49 Lordship may find quite helpful.
50
51 MS. STEEL: Can we have those pages, please, because we have
52 not got them, and neither has Mr. Hall?
53
54 MR. RAMPTON: I am sorry, I do not have spare copies here.
55 I will bring them tomorrow.
56
57 MR. JUSTICE BELL: What you can do in the morning is, if you do
58 want to say anything about privilege and waiver, do so. Do
59 your very best not to cover ground which Mr. Hall has
60 covered on your behalf. Then say anything you wish to wish
