Day 260 - 11 Jun 96 - Page 38


     
     1                         (Luncheon Adjournment)
     2
     3   MR. RAMPTON:  My Lord, Mr. Hall and I have been able to speak to
     4        each other.  I think that he should have, if there is to be
     5        an argument about this, I told him that I think he should
     6        have transcripts of the relevant parts of the evidence of
     7        Mr. Preston and Mr. Nicholson bearing upon the question of
     8        what was the dominant purpose for the instructions to the
     9        inquiry agents and, therefore, for the generation of their
    10        notes.  I will get those to him tomorrow.
    11
    12        I also, as I think I said earlier to your Lordship, would
    13        like some time to look at the authorities for the dominant
    14        purpose, which I had not thought was an issue but I now
    15        understand is.
    16
    17        Can I say that we agree, he and I, that there are two
    18        issues on this question.  The first is the question of what
    19        was the dominant purpose for the creation of the various
    20        kinds of notes; and, obviously, they break down into
    21        different categories; and the second question is what is a
    22        transaction in relation to waiver and privilege on the fact
    23        of this case; what was or were the relevant transactions or
    24        transactions?  If there is to be an argument, that is what
    25        it would be about.
    26
    27        I understand from him that although he is free tomorrow
    28        morning, he is also free on Thursday; and, given that
    29        I think both of us need a bit of time to consider the
    30        matter further, my suggestion would be that Thursday would
    31        be the appropriate moment at which to have this argument.
    32        I know that he is not free thereafter for some time and,
    33        therefore -- and, in any event, since the inquiry agents
    34        are now in flow, it would be best to have it sooner rather
    35        than later.
    36
    37   MR. JUSTICE BELL:  Yes.  Is there anything you -- Mr. Hall, that
    38        is right, is it?
    39
    40   MR. HALL:  My Lord, yes, that is largely correct.  I understood,
    41        though, that it was agreed I should have the whole of the
    42        evidence or transcript of the evidence of Mr. Nicholson.
    43
    44   MR. RAMPTON:  Yes.  I am sorry.  I used that as a blunderbuss.
    45        My learned friend is quite right.
    46
    47   MR. HALL:  Then of course my clients will tell me whether or not
    48        the passages I have of Preston are sufficient; but
    49        I suspect they are.
    50 
    51   MR. JUSTICE BELL:  Mr. Nicholson, you may or may not know, 
    52        originally, a considerable time ago, gave his evidence on 
    53        the issues relating to employment, which was part of his
    54        brief at one time with the Second Plaintiff, and he was
    55        cross-examined on that.  I do not think it is proposed --
    56        in any event, Ms. Steel and Mr. Morris already have
    57        transcripts of that.  It is the evidence when he was
    58        recalled on the question of publication and the
    59        counterclaim.
    60

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