Day 249 - 14 May 96 - Page 65


     
     1
     2   MR. RAMPTON:  Mr. Morris does not, I am afraid, make a case at
     3        all.  There is no a witness statement to any effect, my
     4        Lord, that anybody was in after the -- or indeed at any
     5        time.  We have had Ms. Tiller, or Mrs. Tiller's statement,
     6        I think she is, handed in.  We have had no indication she
     7        is going to be called as a witness.  She does not say
     8        anything about this.
     9
    10   MS. STEEL:   We would not have served a statement if we did not
    11        want to call her.
    12
    13   MR. RAMPTON:  She was terminated in June 1990.
    14
    15   MS. STEEL:   Yes, I was at the meeting and I know.
    16
    17   MR. RAMPTON:  I cannot help that.  I have not seen a further
    18        witness statement from Ms. Steel.  I await that with
    19        excitement, naturally.  I am expecting to get one in view
    20        of certain things that have happened during the course of
    21        this case.  When I see that I will reconsider the
    22        position.  But at the moment, it seems to me, two things.
    23        Documents as to payment of the inquiry agents are not
    24        relevant.  Secondly, they are very likely privileged and I
    25        have not chosen to waiver that privilege.  I have not
    26        deployed that information myself in evidence, it has
    27        emerged in the course of cross-examination.  It therefore
    28        remains privileged unless and until I choose to waive it,
    29        which I have not done.  It is my client's privilege, of
    30        course.  I have not asked their permission to waive that
    31        privilege.
    32
    33   MS. STEEL:   Obviously, we would not need to know what amounts
    34        were paid but just the dates when payment stopped.  I have
    35        said previously that it was my intention to do a
    36        supplementary statement during the half term break in a few
    37        weeks' time when I have time do it.  I have said that
    38        several times, so.
    39
    40   MR. RAMPTON:  That makes no difference to the fact that
    41        communications between solicitors and agents on behalf of
    42        the clients engaged or presently -- yes, by that time
    43        engaged -- in litigation are the subject of legal
    44        professional privilege, and until such time as my clients
    45        decides to deploy that information as evidence in court the
    46        privilege has not been waived and those documents remain
    47        the subject of legal, professional privilege.  I have not
    48        finished.  If Mr. Morris and Ms. Steel wish to make a
    49        formal application for discovery of privileged documents
    50        they must do it, with respect, in the proper way.  First of 
    51        all in writing specifying precisely which documents are 
    52        disclosable, why they are not privileged and what their 
    53        relevance is.
    54
    55   MS. STEEL:   We will do that.
    56
    57   MR. MORRIS:  If I can say, because Mr. Rampton seems so
    58        reluctant to pass on information all the time in this case,
    59        that it does not bother me whether it is documents,
    60        interrogatories or further and better particulars, the

Prev Next Index