Day 189 - 20 Nov 95 - Page 45


     
     1
     2   MR. JUSTICE BELL:  -- and we will hear the argument.  In the
     3        meantime -- I was looking for my Phipson -- what I suggest
     4        is if you would allow Mr. Riley to make a photocopy of the
     5        Meridian Global Funds case, my recollection of it is that
     6        that, although obviously Lord Hoffmann's judgment is
     7        clearly expressed, it is far from an easy matter, and any
     8        ordinary, reasonable reader would want to read that more
     9        than once certainly.  So, if the Defendants could take a
    10        photocopy of that away -- if you do not mind Mr. Riley
    11        making a copy of yours now?
    12
    13   MR. RAMPTON:  No, I do not.
    14
    15   MR. JUSTICE BELL:  Mr. Riley can copy the appropriate paragraphs
    16        of Phipson from my copy of Phipson.  Then you and
    17        Mr. Morris can take copies of it away.  I would urge you to
    18        look at them, obviously, before we come back on Thursday in
    19        case there is any argument.
    20
    21   MR. RAMPTON:  I believe your Lordship understands my position.
    22        I believe I said it last time this point arose, the way
    23        Mr. Morris puts the proposition is very much too broad,
    24        I fear.  There are circumstances in which what is said by a
    25        Company's officer or servant will constitute an admission
    26        against the Company, by or against the Company.  There are
    27        also circumstances in which it will not.  It is not
    28        sufficient just to say that that person was a McDonald's
    29        salaried under Manager or something like that.  It depends
    30        on the nature of his duties and the scope of his authority,
    31        express or implied.  It is just not as simple as that.
    32
    33   MR. JUSTICE BELL:  No, I think you have to -- I am sure you will
    34         -- decide what your stance is going to be without
    35        prejudice to any future legal argument as to strict
    36        admissibility when the witness comes to the witness box.
    37
    38   MR. RAMPTON:  I will say now, I have read the recorded interview
    39        with Mr. Ryan, I think it is, and I do not mind that being
    40        read, as your Lordship says, without prejudice to my
    41        submission in the future that it is inadmissible, if
    42        I should make that submission.
    43
    44   MR. JUSTICE BELL:  Yes.
    45
    46   MS. STEEL:  I was just going to say -- I do not suppose it
    47        really matters -- I just noticed on the front of the
    48        judgment it says 20th July rather than 20th November.
    49
    50   MR. JUSTICE BELL:  I do not know how that has come about.  I 
    51        think the trouble is that has been taken -- obviously, the 
    52        same format has used on the word processor, but what I will 
    53        do is change that to 20th November.
    54
    55   MR. RAMPTON:  I believed it was written on 20th July.
    56
    57   MR. JUSTICE BELL:  No, that is certainly not so.  I do not know
    58        how it got there, but it is to be changed to 20th November
    59        1995.  10.30 on Thursday.
    60        (The court adjourned until Thursday, 23rd November 1995)

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