Day 262 - 13 Jun 96 - Page 37


     
     1        arrangement to have the submissions.  If we do get into the
     2        submissions at 10 past two and we are still going strongly
     3        after a while, then I will release Mr. Pocklington for the
     4        rest of the day.
     5
     6   MR. RAMPTON:  My Lord, certainly.  I do not know how long
     7        Mr. Hall is going to be.  I do not anticipate I will be
     8        more than about half an hour at the most.
     9
    10   MR. JUSTICE BELL:  We will wait and see how we go.  But if you
    11        can kindly do that, please, Mr. Pocklington?
    12
    13   THE WITNESS:  Yes.
    14
    15   MR. JUSTICE BELL:  10 past two.
    16
    17                         (Luncheon Adjournment)
    18
    19   MR. RAMPTON:  My Lord, since perhaps the most difficult part of
    20        the argument relates to privilege, and since it is I who
    21        assert privilege for, at any rate, some documents that
    22        I accept are relevant, Mr. Hall has asked me to go first.
    23
    24   MR. JUSTICE BELL:  Yes.
    25
    26   MR. RAMPTON:  In doing that, I shall also address the question
    27        of relevance, which is not strictly for me, to start with,
    28        but I have said that I do not mind at all, given my
    29        familiarity with the case and his lack of it.
    30
    31        My Lord, can I set out what I see to be the framework of
    32        this discussion.  Since I am starting, I may be a bit
    33        longer than I indicated before lunch, but I hope that
    34        I will stop by three.
    35
    36        The first issue I would like to address is relevance; the
    37        second will be dominant purpose; and the third will be
    38        waiver; how far does it extend and what is the meaning, in
    39        the context of this case, of the word "transaction".
    40
    41        My Lord, so far as relevance is concerned, the starting
    42        point must be -- of course, it is the question of
    43        publication, as to which I do not believe there is any real
    44        controversy so far as this afternoon's argument is
    45        concerned -- the starting point must be the Defendants'
    46        amended defence, I know that at about the same time the
    47        Statement of Claim was re-amended.
    48
    49        So far as that is concerned, I feel that I am bound --
    50        indeed, I am bound, as I believe your Lordship is -- by 
    51        your Lordship's ruling on the agency reamendment, which is 
    52        to the effect that the facts relied on in support of the 
    53        reamendment of the agency are, at any rate, substantially
    54        the same (and I would say very nearly identical) to those
    55        which are already in the action.
    56
    57        It must follow from that, in our submission, that none of
    58        the new material, either that which has been disclosed in
    59        consequence of the amended defence or that which the
    60        Defendants now seek, can have any bearing on the agency

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