Day 249 - 14 May 96 - Page 65
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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.
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13 MR. RAMPTON: She was terminated in June 1990.
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15 MS. STEEL: Yes, I was at the meeting and I know.
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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
