Day 069 - 19 Dec 94 - Page 72


     
     1        that once they have come to court, as it were, been here a
     2        little time, I think we owe it to the witnesses to look to
     3        some extent to their convenience since they are being put
     4        to the inconvenience of coming back at all.
     5
     6        What would be helpful, it is a little time since I looked
     7        at what had been planned for January, is if some indication
     8        could be given tomorrow or Wednesday of what it is likely
     9        to go on to.  At the moment my wish is to resume at 2 p.m.
    10        on Wednesday, 11th January, because I am otherwise engaged
    11        in the first part of the morning.
    12
    13   MR. RAMPTON:  My Lord, I would sincerely hope -- I know my hopes
    14        are continually dashed in the course of this case -- that
    15        we will not be needed on Wednesday.  If we cannot get
    16        through that little list tomorrow -- I am in the wrong
    17        month, I am sorry, I thought you were talking about the
    18        21st.
    19
    20   MR. JUSTICE BELL:  No.  I have a meeting on the morning of
    21        Wednesday, 11th January, so I am saying now (in case
    22        I forget later) that we will start at 2 p.m. on that day.
    23        If we can finish the matters you want to discuss and have
    24        rulings on where there is any issue tomorrow, well and
    25        good.  I would have thought we ought to be able to; my only
    26        reservation is if there is some point on privilege which
    27        requires some consideration, it may go over.
    28
    29   MR. RAMPTON:  There is modern authority in the Court of Appeal
    30        reviewing all the previous ones which I think should make
    31        the argument shorter.
    32
    33   MR. JUSTICE BELL:  Can you tell me what it is now?
    34
    35   MR. RAMPTON:  Yes, I can.  My Lord, a useful starting point, if
    36        your Lordship can lay hands on this miraculous book, is
    37        called "Documentary Evidence".  It is in its fourth edition
    38        and it is by Style and Hollander.  It is published by
    39        Longman.  The useful starting point would be page 268 at
    40        paragraph 10.3 where the whole history of this quite
    41        difficult question is reviewed and the authors come to
    42        conclusions.  The actual authority in the Court of Appeal
    43        is Guiness Peat v. Fitzroy Robinson Partnership, 1987,
    44        1 WLR, 1027.
    45
    46        My Lord, the other important case is Goddard and The
    47        Nationwide Building Society, 1987 QB 670.  It is our belief
    48        the position is now tolerably clear thanks to that Guiness
    49        Peat authority.
    50 
    51   MR. MORRIS:  Could I say, to save time, are the Plaintiffs 
    52        intending to apply to claim their document is privileged 
    53        because our understanding of the law is it is against the
    54        Plaintiffs?  If they are not intending to apply, it will
    55        save us all time if we do not have to read all those
    56        documents.
    57
    58   MR. RAMPTON:  We are applying to your Lordship for a ruling that
    59        they are privileged and for an order in equity that they be
    60        returned to us, and that the Defendants be not allowed to

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