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?
