Day 311 - 06 Dec 96 - Page 05
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2 MR. JUSTICE BELL: Yes. But que his statement, he is only a
3 witness.
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5 MR. RAMPTON: No, my Lord. That is a statement by a party, just
6 as his Haringey affidavit is.
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8 MR. JUSTICE BELL: Even if it is served under directions of the
9 court?
10
11 MR. RAMPTON: My Lord, that is a separate question. But he is
12 not only a witness. That is the whole difference.
13
14 MR. JUSTICE BELL: Is not Ms. Bensilum's statement a statement
15 of a party? A company can only make statements through its
16 officers.
17
18 MR. RAMPTON: Well, it depends whether she has the status, or
19 your Lordship thought she had -----
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21 MR. JUSTICE BELL: Well, maybe. But, subject to that -----
22
23 MR. RAMPTON: Subject to that, I am quite content with it.
24 I have taken the view that it carries the matter -----
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26 MR. JUSTICE BELL: Well, why did we have all the argument we had
27 a few weeks ago?
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29 MR. RAMPTON: I am sorry, I cannot remember the argument. But
30 if a party out of court makes statements which are against
31 interest, then the general rule is that they become
32 admissible.
33
34 MR. JUSTICE BELL: Yes. But you were telling me there is a
35 special situation in relation to witness statements which
36 are produced, exchanged, but where the witness is not
37 called.
38
39 MR. RAMPTON: I do not remember that. I will have to check
40 that.
41
42 MR. JUSTICE BELL: In fact, you quoted the order and rule, which
43 I hardly need tell anyone I cannot now remember. But you
44 actually quoted the orders and the rule about it not being
45 put in, or something, unless the witness has actually -----
46
47 MR. RAMPTON: I think what it says is that it cannot be used by
48 any other party for any other purpose.
49
50 MR. JUSTICE BELL: Yes.
51
52 MR. RAMPTON: That is not the same thing.
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54 MR. JUSTICE BELL: We had better have a look.
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56 MR. RAMPTON: My Lord, we may as well clear this up now, if we
57 possibly can. It is Order 38, Rule 2A.
58
59 MR. JUSTICE BELL: Yes.
60
