Day 313 - 13 Dec 96 - Page 33


     
     1
     2   MR. JUSTICE BELL:  And whether it is a situation where I can
     3        look at the particular facts of this case and say, 'Now,
     4        where does article 10 take me on that', or whether it is a
     5        situation where, for better or worse, I am bound by
     6        precedent which is quite clear in relation to trading
     7        corporations in this country.
     8
     9        I know that the House of Lords in Derbyshire reached the
    10        same result by a slightly different route from the Court of
    11        Appeal, but I notice that Lord Justice Balcombe in the
    12        Court of Appeal said that article 10 really came in where
    13        there was some doubt about being in 4.
    14
    15   MR. RAMPTON:  That is what the House of Lords said in ex parte
    16        Brind.
    17
    18   MR. JUSTICE BELL: He said that he thought there was some doubt
    19        about public authorities.  But in any event, since those
    20        are matters which may, for all I know, go further if
    21        I decide against the Defendants I would like to hear what
    22        you say before I make a decision.  I have to say that I am
    23        not going to make a decision to dismiss or stay these
    24        proceedings before proceeding to judgment.  I will deal
    25        with the argument which Mr. Morris put forward, and
    26        Ms. Steel added to, in the course of my full judgment on
    27        these proceedings.
    28
    29   MR. MORRIS:  Is it two o'clock we have to?
    30
    31   MR. JUSTICE BELL: Yes.  Two o'clock.
    32
    33                        (Luncheon adjournment)
    34
    35   MR. MORRIS:  I was going to ask if you had a copy of the
    36        transcript of the ruling in the appeal court the last time
    37        we went?
    38
    39   MR. JUSTICE BELL: Yes.
    40
    41   MR. MORRIS:  Of that is possible.
    42
    43   MR. JUSTICE BELL: Mr. Morris (handed).
    44
    45   MR. MORRIS:  Thank you.  It is appreciated.
    46
    47   MS. STEEL:   Can I just say -- or ask, I mean.  We spoke to a
    48        lawyer over the lunchtime about the letters and attendance
    49        notes that were handed up to you and we were advised that
    50        the fact that McDonald's had handed us copies of attendance
    51        notes meant that we could make an application that they
    52        have effectively waived privilege on notes relating to
    53        their files and that we wanted to make an application that
    54        they should disclose the entire contents of the file so
    55        that we can see whether or not-----
    56
    57   MR. JUSTICE BELL: Is this the final position?  The whole
    58        argument arose because you objected to me seeing them, now
    59        you are saying we you want me to see them are you?
    60

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