Day 190 - 23 Nov 95 - Page 41


     
     1        if the Defendants have known about Lynval -- I do not know
     2        about Mark Ryan -- for a period of years, and it should
     3        turn out that they have taken no or no proper steps to find
     4        him, then they would not qualify under rule 25 of Order 38
     5        very likely because they could not say that they have
     6        exercised reasonable diligence.  That is why I am a bit
     7        cautious about it.  We will have to see.
     8
     9   MR. MORRIS:  I can, of course, help the court on this, if I am
    10        asked.
    11
    12   MR. JUSTICE BELL:  Leave it there, Mr. Rampton, and Mr. Morris
    13        will .....
    14
    15   MR. RAMPTON:  My Lord, obviously, if the Defendants do not know
    16        where Lynval or Mark Ryan are whether they have made any
    17        enquiries or not, it would be sensible for them to write to
    18        us and say, "Can you give us any help in finding those two
    19        people?"  Whether we would be able to do so, I -----
    20
    21   MR. JUSTICE BELL:  No, but that would be the first sensible port
    22        of call if they do not know where they are at the moment.
    23        Mr. Morris is going to help me about this.
    24
    25   MR. MORRIS:  So -----
    26
    27   MR. JUSTICE BELL:  Just wait a minute.  Is that all you want to
    28        say, Mr. Rampton?
    29
    30   MR. RAMPTON:  That is all I need to say at the moment, I think,
    31        yes.
    32
    33   MR. MORRIS:  There are so many questions I have forgotten most
    34        of them.  The first and most important question -- we are
    35        not going to go into the legal argument -- just suffice to
    36        say that I am not impressed by Mr. Rampton's arguments, and
    37        I feel they are quite -----
    38
    39   MR. JUSTICE BELL:  You have to prepare seriously to answer
    40        it---
    41
    42   MR. MORRIS:  I understand that.
    43
    44   MR. JUSTICE BELL:  -- against the possibility that I will be
    45        impressed by it.  Take it seriously and do your best to
    46        meet it.
    47
    48   MR. MORRIS:  Yes.
    49
    50   MR. JUSTICE BELL:  Not today but in due course. 
    51 
    52   MR. MORRIS:  If I just urge caution on the court on 
    53        Mr. Rampton's arguments, obviously he has a client to
    54        defend, but it strikes me that it was quite far-reaching
    55        what he was arguing, and I did note in one of the cases he
    56        referred to the court had said it had been innocently
    57        misled into disallowing some admissible evidence, and
    58        I would not want the same to happen here.
    59
    60   MR. JUSTICE BELL:  Can I make one point?  I have to grapple with

Prev Next Index