Day 262 - 13 Jun 96 - Page 45


     
     1             in Re Highgate Traders Ltd., Plummers Ltd. v.
     2             Debenhams plc and Guinness Peat Properties v.
     3             Fitzroy Robinson Partnership."
     4
     5        My Lord, I have no hesitation in accepting that is the
     6        correct test when the question is: is litigation
     7        contemplated?  The answer, if it is affirmative, is: when
     8        it is in reasonable prospect.
     9
    10   MR. JUSTICE BELL:  Yes.
    11
    12   MR. RAMPTON:  My Lord, in support of that -- and it is an
    13        attractive alternative way of putting it -- there is what
    14        Bingham L.J. said in Ventouris v. Mountain; and as what one
    15        might call an illuminating explanation of litigation
    16        privilege, I would say there is no better exposition than
    17        can be found in this judgment.  It is reported at
    18        [1991] 1 W.L.R. 607.
    19
    20   MS. STEEL:   Can we have moment to find it, please?
    21
    22   MR. RAMPTON:  I will not read the factual part of the headnote,
    23        because it is not for this case.  I rely on it simply for
    24        its, as I say, illuminating expressions of principle.
    25
    26   MR. MORRIS:  It is one of the ones we were handed.
    27
    28   MR. RAMPTON:  I handed it over the other day.  Did I not?
    29
    30   MR. JUSTICE BELL:  Can we see where we are going at the moment,
    31        because I thought Mr. Hall was representing the Defendants
    32        on privilege and waiver.
    33
    34   MR. RAMPTON:  So did I.
    35
    36   MR. JUSTICE BELL:  Although I can see that they might deal with
    37        the matter themselves so far as relevance is concerned.
    38
    39   MR. RAMPTON:  Yes.
    40
    41   MS. STEEL:   We would still like to be able to follow what is
    42        going on, though.
    43
    44   MR. JUSTICE BELL:  I know, but we cannot wait for ages while you
    45        turn up a document when, as far as I know, Mr. Hall is
    46        there already.  To follow, all you have to do is listen to
    47        what is being said.  Have I got the division of labour
    48        correct?
    49
    50   MR. HALL:  My Lord, that is certainly my understanding. 
    51 
    52   MR. JUSTICE BELL:  Very well. 
    53
    54   MR. MORRIS:  If it helps, I have found Ventouris v Mountain.
    55
    56   MR. JUSTICE BELL:  Try to let Mr. Rampton keep going, because
    57        I do want to hear Mr. Hall on the two parts he is here
    58        kindly to help me on.
    59
    60   MR. MORRIS:  May I make a suggestion, that it looks like we will

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