Day 260 - 11 Jun 96 - Page 38
1 (Luncheon Adjournment)
2
3 MR. RAMPTON: My Lord, Mr. Hall and I have been able to speak to
4 each other. I think that he should have, if there is to be
5 an argument about this, I told him that I think he should
6 have transcripts of the relevant parts of the evidence of
7 Mr. Preston and Mr. Nicholson bearing upon the question of
8 what was the dominant purpose for the instructions to the
9 inquiry agents and, therefore, for the generation of their
10 notes. I will get those to him tomorrow.
11
12 I also, as I think I said earlier to your Lordship, would
13 like some time to look at the authorities for the dominant
14 purpose, which I had not thought was an issue but I now
15 understand is.
16
17 Can I say that we agree, he and I, that there are two
18 issues on this question. The first is the question of what
19 was the dominant purpose for the creation of the various
20 kinds of notes; and, obviously, they break down into
21 different categories; and the second question is what is a
22 transaction in relation to waiver and privilege on the fact
23 of this case; what was or were the relevant transactions or
24 transactions? If there is to be an argument, that is what
25 it would be about.
26
27 I understand from him that although he is free tomorrow
28 morning, he is also free on Thursday; and, given that
29 I think both of us need a bit of time to consider the
30 matter further, my suggestion would be that Thursday would
31 be the appropriate moment at which to have this argument.
32 I know that he is not free thereafter for some time and,
33 therefore -- and, in any event, since the inquiry agents
34 are now in flow, it would be best to have it sooner rather
35 than later.
36
37 MR. JUSTICE BELL: Yes. Is there anything you -- Mr. Hall, that
38 is right, is it?
39
40 MR. HALL: My Lord, yes, that is largely correct. I understood,
41 though, that it was agreed I should have the whole of the
42 evidence or transcript of the evidence of Mr. Nicholson.
43
44 MR. RAMPTON: Yes. I am sorry. I used that as a blunderbuss.
45 My learned friend is quite right.
46
47 MR. HALL: Then of course my clients will tell me whether or not
48 the passages I have of Preston are sufficient; but
49 I suspect they are.
50
51 MR. JUSTICE BELL: Mr. Nicholson, you may or may not know,
52 originally, a considerable time ago, gave his evidence on
53 the issues relating to employment, which was part of his
54 brief at one time with the Second Plaintiff, and he was
55 cross-examined on that. I do not think it is proposed --
56 in any event, Ms. Steel and Mr. Morris already have
57 transcripts of that. It is the evidence when he was
58 recalled on the question of publication and the
59 counterclaim.
60
