Day 205 - 17 Jan 96 - Page 23


     
     1
     2        I am now going to, if I may -- it may not make any long
     3        term difference because your Lordship is going to have to
     4        decide whether the interrogatories should be allowed any
     5        way -- stand now on my strict right under Ord. 26 r. 3(i)
     6        and say that Mr. Morris and Ms. Steel need leave for these
     7        interrogatories and for the ones which they have purported
     8        to serve in relation to Brazil.
     9
    10   MR. JUSTICE BELL:  But, at the end of the day, it boils down to
    11        the same question which I have to ask, but the point --
    12        thank you, Mr. Rampton -- which Mr. Rampton is making is
    13        that it is not incumbent under the Rules for him to seek to
    14        set aside ---
    15
    16   MR. RAMPTON:  That is right.
    17
    18   MR. JUSTICE BELL:  -- the interrogatories.  It is incumbent upon
    19        you to ask leave to serve them.  But, at the end of the
    20        day, it does not make any difference to the question.
    21
    22   MR. MORRIS:  Yes, when he brought this up before, I think you
    23        said something to the effect of:  "These are on newly
    24        pleaded matters" and, therefore, we would have a right to
    25        go for interrogatories without leave, and that does not
    26        make sense.
    27
    28   MR. JUSTICE BELL:  I do not remember that.
    29
    30   MR. MORRIS:  It does not make sense anyway.
    31
    32   MR. JUSTICE BELL:  As I understand Ord. 26 r. 3(i), you are now
    33        at a stage where you have to ask for leave for your
    34        interrogatories.
    35
    36   MR. MORRIS:  Does that apply to ------
    37
    38   MR. JUSTICE BELL:  It seems to me it does not make any
    39        difference of substance at the end of the day whether you
    40        have to ask for leave or you can serve them without leave
    41        and Mr. Rampton has to ask to set them aside.  I forgot to
    42        ask myself the same question, which is, without using the
    43        language in the Rules, whether interrogatories on the
    44        particular topics are justified.
    45
    46   MR. MORRIS:  Right.  I have not obviously studied the White Book
    47        on it, but it would make sense to me that if there has been
    48        amended pleadings that you would be entitled to ask for
    49        interrogatories without leave.
    50 
    51   MR. JUSTICE BELL:  It is not what the Rule says, but it does not 
    52        matter, quite frankly. 
    53
    54   MR. MORRIS:  OK.  But, anyway, coming on to the employment
    55        interrogatories, if I can find them.  Yes, I think they are
    56        contained in my package under the -----
    57
    58   MR. JUSTICE BELL:  I have them on a separate sheet which you
    59        handed in the other day.
    60

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