Day 311 - 06 Dec 96 - Page 06


     
     1   MR. RAMPTON:  Sub-rule 11.  (Pause)
     2
     3   MR. JUSTICE BELL:  Does it not cover Mr. Morris's witness
     4        statement?
     5
     6   MR. RAMPTON:  It may do; it may not.
     7
     8   MR. JUSTICE BELL:  Or more specific, or takes precedence over
     9        the general -----
    10
    11   MR. RAMPTON:  Unless your Lordship gave leave for it to be used;
    12        and, obviously, then I would have to give way on
    13        Ms. Bensilum.  I suppose that would be my first
    14        submission.
    15
    16        My second comment (which is hardly a submission) is that it
    17        does not much matter anyway, because Mr. Morris was there,
    18        as far as one can tell from Mr. Groves, by the time
    19        Mr. Gravett got there.
    20
    21   MR. JUSTICE BELL:  That is another point.
    22
    23   MR. RAMPTON:  I know it is an another point.  That is why I said
    24        it does not necessarily terribly matter.
    25
    26   MR. JUSTICE BELL:  Yes, very well.
    27
    28   MR. RAMPTON:  Can I leave your Lordship to deal with that?
    29
    30   MS. STEEL:   Can I ask about the interrogatories, because when
    31        I was giving evidence, I think this was specifically
    32        brought up.  I asked about the status of the
    33        interrogatories, and it was said that they were not
    34        evidence unless the Plaintiffs specifically asked for them
    35        to be taken as evidence, and then they had to have the
    36        whole lot taken as evidence; they could not pick and
    37        choose, or whatever it was.  There has never been any
    38        mention or application to have them taken as evidence.  So,
    39        surely, they are not evidence either?
    40
    41   MR. JUSTICE BELL:  No.  I may need some help on this, but
    42        I think the position is this: if the other side wishes to
    43        put the interrogatory in as actual evidence of the truth of
    44        the answer, then you are stuck with it; but that is not to
    45        say that the other party has not made a sworn statement to
    46        this effect.  The fact of making the statement, I think, is
    47        in, making that answer.
    48
    49   MS. STEEL:   I do not mind too much, but the point seemed to be
    50        before that if you wanted the interrogatories in you had to 
    51        accept the whole lot as evidence. 
    52 
    53   MR. RAMPTON:  No, my Lord.  The law is actually set out very
    54        clearly in Rule 7 of Ord. 26.
    55
    56   MR. JUSTICE BELL:  Let us have a look at that.
    57
    58   MS. STEEL:   Is there a copy we could have?
    59
    60   MR. JUSTICE BELL:  Yes.  Is there another White Book, Volume 1?

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