Day 262 - 13 Jun 96 - Page 76


     
     1
     2        In addition to that it might be argued, and it is not clear
     3        whether they have been used in this way in this case
     4        although they are capable of being used in this way, they
     5        are capable of being memory-refreshing documents because
     6        they were written shortly after the incident of what they
     7        purport to describe.  Therefore, it might be thought to
     8        form a record of what happened.  In the same way, perhaps,
     9        if there had been a photographer present at the meetings
    10        and a photograph had been taken and maybe not developed
    11        until two to three years later, the photograph itself might
    12        be disclosable, even though it is only produced in the
    13        context of a statement where it is referred to as an
    14        exhibit.
    15
    16   MR. JUSTICE BELL:  Yes, thank you.
    17
    18        Mr. Morris, time is getting on.  I suggest you let Mr. Hall
    19        say as much as he can and then we will have to adjourn for
    20        tonight and you and Ms. Steel can add anything you want to
    21        in the morning.
    22
    23   MR. HALL:  There is one more point I think I ought to cover ---
    24
    25   MR. JUSTICE BELL:  Yes.
    26
    27   MR. HALL:  -- subject to anything that Ms. Steel and Mr. Morris
    28        want me to deal with.  It is a fairly brief point and it is
    29        this.  I am here referring to not all the notes and all the
    30        reports, I am referring specifically to those notes that
    31        have been disclosed where passages have been omitted and
    32        the claim that that is on grounds of relevance.
    33
    34   MR. JUSTICE BELL:  Yes.
    35
    36   MR. HALL:  In my submission, the most helpful authority on this
    37        is the Great Atlantic case.
    38
    39   MR. JUSTICE BELL:  What is the reference there?
    40
    41   MR. HALL:  It is to be found reported in [1981] Weekly Law
    42        Reports, page 529.
    43
    44   MR. JUSTICE BELL:  Yes.  I do not have that now.  What I suggest
    45        is give me the references and you read and then I will look
    46        at it in my room.
    47
    48   MR. HALL:  So be it.  Great Atlantic Insurance Company v. Home
    49        Insurance Company & Ors., [1981] W.L.R., page 529.
    50 
    51   MR. JUSTICE BELL:  Yes. 
    52 
    53   MR. HALL:  Reading from the headnote it was held, dismissing the
    54        appeal:
    55
    56             "... that the whole of the memorandum, being a
    57             communication to the plaintiffs from their legal
    58             advisers, was privileged....; that the
    59             memorandum dealt with a single subject matter
    60             and so was not capable of being divided into two

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