Day 190 - 23 Nov 95 - Page 29


     
     1        nor Mark Ryan had any authority whatsoever to speak to
     2        Ms. Lamb for publication.
     3
     4   MR. JUSTICE BELL:  One of the authorities in paragraph 24-45 was
     5        the bank manager case.
     6
     7   MR. MORRIS:  Sorry, which tab are we in?
     8
     9   MR. JUSTICE BELL:  Tab 1.
    10
    11             "The Manager of a banking company may make
    12             admissions against the bank as to its practice
    13             in making loans to customers."
    14
    15   MR. RAMPTON:  I would like to have had that one, but we do not
    16        have the Law Times in chambers, and I did not have time to
    17        get it..
    18
    19   MR. JUSTICE BELL:  I suggest we do get it, because I would be
    20        interested just to see to whom the admission was made.
    21        I understand it perfectly well if it was to a customer,
    22        because obviously, by any of the tests you posed, a manager
    23        would be speaking to a customer seeking a loan on behalf of
    24        the bank when he spoke of the bank's practice in making
    25        loans to customers.  I just wanted to check to see if it
    26        was -----
    27
    28   MR. RAMPTON:  One should do that, I agree.
    29
    30   MR. JUSTICE BELL:  It might be the same if it was someone in an
    31        official capacity, as the milk inspector.
    32
    33   MR. RAMPTON:  That is right.  If he was a DTI inspector, or
    34        something like that, then plainly he would be; and plainly
    35        he would be if he was a customer.  One sees that the name
    36        of the plaintiff was Simmons.  Perhaps the likeliest thing
    37        is if it was said to Simmons himself, or herself.  I do not
    38        know.  But I gratefully accept that suggestion.
    39        Unfortunately, Mr. Atkinson is not here, else I could send
    40        him to the Bar library.
    41
    42   MR. JUSTICE BELL:  How much more have you got to say on your
    43        submissions?
    44
    45   MR. RAMPTON:  I have very nearly finished.
    46
    47   MR. JUSTICE BELL:  I have to look at the parts we are concerned
    48        with, have I not?
    49
    50   MR. RAMPTON:  What I have said applies, I believe, to the whole 
    51        of the statements of Lynval and Mark Ryan. 
    52 
    53   MR. JUSTICE BELL:  Might I need any further evidence, for
    54        instance, as to the basis upon which Ms. Lamb conducted the
    55        interviews?
    56
    57   MR. RAMPTON:  My Lord, I am not sure it would make any
    58        difference, because -----
    59
    60   MR. JUSTICE BELL:  What troubles me at the moment, since it says

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