Day 069 - 19 Dec 94 - Page 72
1 that once they have come to court, as it were, been here a
2 little time, I think we owe it to the witnesses to look to
3 some extent to their convenience since they are being put
4 to the inconvenience of coming back at all.
5
6 What would be helpful, it is a little time since I looked
7 at what had been planned for January, is if some indication
8 could be given tomorrow or Wednesday of what it is likely
9 to go on to. At the moment my wish is to resume at 2 p.m.
10 on Wednesday, 11th January, because I am otherwise engaged
11 in the first part of the morning.
12
13 MR. RAMPTON: My Lord, I would sincerely hope -- I know my hopes
14 are continually dashed in the course of this case -- that
15 we will not be needed on Wednesday. If we cannot get
16 through that little list tomorrow -- I am in the wrong
17 month, I am sorry, I thought you were talking about the
18 21st.
19
20 MR. JUSTICE BELL: No. I have a meeting on the morning of
21 Wednesday, 11th January, so I am saying now (in case
22 I forget later) that we will start at 2 p.m. on that day.
23 If we can finish the matters you want to discuss and have
24 rulings on where there is any issue tomorrow, well and
25 good. I would have thought we ought to be able to; my only
26 reservation is if there is some point on privilege which
27 requires some consideration, it may go over.
28
29 MR. RAMPTON: There is modern authority in the Court of Appeal
30 reviewing all the previous ones which I think should make
31 the argument shorter.
32
33 MR. JUSTICE BELL: Can you tell me what it is now?
34
35 MR. RAMPTON: Yes, I can. My Lord, a useful starting point, if
36 your Lordship can lay hands on this miraculous book, is
37 called "Documentary Evidence". It is in its fourth edition
38 and it is by Style and Hollander. It is published by
39 Longman. The useful starting point would be page 268 at
40 paragraph 10.3 where the whole history of this quite
41 difficult question is reviewed and the authors come to
42 conclusions. The actual authority in the Court of Appeal
43 is Guiness Peat v. Fitzroy Robinson Partnership, 1987,
44 1 WLR, 1027.
45
46 My Lord, the other important case is Goddard and The
47 Nationwide Building Society, 1987 QB 670. It is our belief
48 the position is now tolerably clear thanks to that Guiness
49 Peat authority.
50
51 MR. MORRIS: Could I say, to save time, are the Plaintiffs
52 intending to apply to claim their document is privileged
53 because our understanding of the law is it is against the
54 Plaintiffs? If they are not intending to apply, it will
55 save us all time if we do not have to read all those
56 documents.
57
58 MR. RAMPTON: We are applying to your Lordship for a ruling that
59 they are privileged and for an order in equity that they be
60 returned to us, and that the Defendants be not allowed to
