Day 262 - 13 Jun 96 - Page 80


     
     1        disclosed.  It is yet another thing to permit
     2        cross-examination on those areas.
     3
     4        I heard Mr. Rampton's point earlier that he was concerned
     5        about the use to which they may be put in court and court
     6        time that may be taken up in so doing, but your Lordship
     7        has the final say over whether or not questions can be
     8        asked concerning irrelevant passages.  But you cannot hear
     9        argument on that unless the Defendants are shown those
    10        passages, and indeed your Lordship can read them for
    11        yourself.
    12
    13   MR. JUSTICE BELL:  I think G.E. Capital dealt fairly and
    14        squarely with that.  I am afraid I am bound by it.
    15
    16   MR. HALL:  So be it.
    17
    18   MR. JUSTICE BELL:  The whole ratio of G. E. Capital was that
    19        Great Atlantic was in relation to privilege, whereas G.E.
    20        Capital was in relation to relevance.  But there we are.
    21        I am very grateful for your help.
    22
    23   MR. HALL:  May I have a brief word with -----
    24
    25   MR. JUSTICE BELL:  Yes, do.
    26
    27          (Pause while counsel confers with the Defendants)
    28
    29   MR. HALL:  My Lord, I do not think there is anything I can
    30        usefully assist you with at this stage.
    31
    32   MR. JUSTICE BELL:  I am very grateful to you for giving up your
    33        time, Mr. Hall.  I am grateful to everyone for being
    34        prepared to stay in court late.  Thank you.
    35
    36   MR. RAMPTON:  My Lord, one thing.  What time should I, in your
    37        Lordship's estimation, arrange for Mr. Pocklington to be
    38        here tomorrow?
    39
    40   MR. JUSTICE BELL:  I would suggest 12 o'clock.
    41
    42   MR. RAMPTON:  12 o'clock.  I am grateful for that.  Just in case
    43        your Lordship were willing to do any prep overnight,
    44        because it might save a bit of time tomorrow, can
    45        I recommend the discussion of Lillicrap v. Nalder, that was
    46        the solicitor case, which appears on pages 228 and 229 of
    47        Style and Hollander.  It includes a reference to another
    48        case, a judgment of Mr. Justice Cummins(?) which your
    49        Lordship may find quite helpful.
    50 
    51   MS. STEEL:   Can we have those pages, please, because we have 
    52        not got them, and neither has Mr. Hall? 
    53
    54   MR. RAMPTON:  I am sorry, I do not have spare copies here.
    55        I will bring them tomorrow.
    56
    57   MR. JUSTICE BELL: What you can do in the morning is, if you do
    58        want to say anything about privilege and waiver, do so.  Do
    59        your very best not to cover ground which Mr. Hall has
    60        covered on your behalf.  Then say anything you wish to wish

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