Day 262 - 13 Jun 96 - Page 69


     
     1        would not necessarily be the dominant purpose.
     2
     3   MR. JUSTICE BELL:  That is why I pointed out what Lord Justice
     4        Oliver said, because the only reason prescribed to them in
     5        commissioning the report was ascertaining whether, as they
     6        suspected, it had been fraudulently started by the
     7        insured.  It was entirely clear that if the claim was
     8        persisted in and if it was resisted, litigation would
     9        inevitably follow.  The claim had been made.  Yes, I see.
    10
    11   MR. HALL:  Yes.
    12
    13   MR. JUSTICE BELL:  One of the ironies of this case is it is
    14        Ms. Steel's and Mr. Morris' case that the Plaintiffs are
    15        writ happy and issued writs without making prior approaches
    16        to those who they thought were responsible for allegedly
    17        defamatory material.
    18
    19   MR. HALL:  Yes, I understand that to have been put, but it is
    20        also the Plaintiffs' case that that is not correct - at
    21        least it has been up until this argument concerning
    22        dominant purpose.
    23
    24   MR. JUSTICE BELL:  Yes.  Is there anything more in Highgate
    25        Traders?
    26
    27   MR. HALL:  Nothing that I can find of assistance that is not
    28        better put in other authorities.
    29
    30   MR. JUSTICE BELL:  No, thank you.
    31
    32   MR. HALL:  May I move on now to privilege and partial
    33        disclosure.  That is all I really wish to say about
    34        dominant purpose.
    35
    36   MR. JUSTICE BELL:  Yes, thank you.
    37
    38   MR. HALL:  I would ask your Lordship to consider the case of
    39        General Accident v. Tanter.
    40
    41   MR. JUSTICE BELL:  What was the reference to that again?
    42
    43   MR. HALL:  That, my Lord, is [1984] 1 W.L.R. 100.
    44
    45   MR. JUSTICE BELL: 1984?
    46
    47   MR. HALL:  Yes.
    48
    49   MR. JUSTICE BELL:  I am just querying where it has gone.  Do
    50        I actually have that? 
    51 
    52   MR. RAMPTON:  Your Lordship had it, I hope.  It is one of mine. 
    53
    54   MR. HALL:  It should be in the Plaintiffs' bundle.
    55
    56   MR. RAMPTON:  I do not know if there is an actual bundle.
    57
    58   MR. JUSTICE BELL:  [1984] 1 W.L.R..
    59
    60   MR. RAMPTON:  I gave your Lordship the pages.  I do not know if

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