Day 263 - 14 Jun 96 - Page 28


     
     1
     2   MR. JUSTICE BELL:  Yes, if I rule that they, too, were to be
     3        discovered.
     4
     5   MR. RAMPTON:  I can, I hope, deal quite shortly with
     6        Mr. Morris's and Ms. Steel's broad submission that waiver
     7        of privilege in relation to one witness to one occasion or
     8        two witnesses to two occasions, or whatever, involved some
     9        general waiver of all like communications or observations
    10        throughout the whole history of the period.
    11
    12        My Lord, that was dealt with quite sharply, if I may say
    13        so, both by Hobhouse J. as being absurd, and also by
    14        Mustill J. (as he then was), in the Nea Karteria case.  The
    15        interpretation of "transaction" (if transaction be the
    16        right word) is quite plainly a narrow one.  One only has to
    17        remember the headnote of the General Accident case.  The
    18        waiver extends to the terms of the conversation.  It does
    19        not extend to the subject matter of the conversation.  That
    20        is really the neatest way of putting it.
    21
    22        I will show your Lordship -- I did not have time yesterday,
    23        because your Lordship quite rightly sat me down so that
    24        Mr. Hall could get up -- I will draw your Lordship's
    25        attention to Nea Karteria.
    26
    27   MR. JUSTICE BELL:  The equivalent of that would be what is said
    28        and done at the meeting or what is said and done at an
    29        event here.
    30
    31   MR. RAMPTON:  Exactly.
    32
    33   MR. JUSTICE BELL:  So any records of that, one could say, would
    34        be waived.
    35
    36   MR. RAMPTON:  If one applies the principle of fairness, which
    37        I have suggested is one side of this really quite difficult
    38        problem; but it extends no further than that.  That is
    39        quite clear on the authorities.   There really is not any
    40        room for argument at all about that; and that is all
    41        I desire to say about that.
    42
    43        But in aid of that, but also because it may help
    44        your Lordship make a decision about whether on one occasion
    45        privilege has been waived for all material relating to that
    46        occasion, I would ask your Lordship to look at the
    47        Nea Karteria case, which I did not have time to do
    48        yesterday.  Does your Lordship have that?  I have a spare
    49        copy here, if not.
    50 
    51   MR. MORRIS:  Is it proper to bring a new case in? 
    52 
    53   MR. JUSTICE BELL:  Yes.  If it is helpful, I would like to see
    54        it.
    55
    56   MR. MORRIS:  Shall we -----
    57
    58   MR. JUSTICE BELL:  Let us see where we get to.
    59
    60   MR. RAMPTON:  I do not really bring it in by way of reply for

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