Day 246 - 09 May 96 - Page 10


     
     1        A.  I was not there, I do not know what they discussed on
     2        the day.  They may have had one topic and talked about
     3        something else, I simply do not know.
     4
     5   Q.   As this is not going to go anywhere with the witness,
     6        because he does not appear to know anything about it, I am
     7        a bit concerned about blanking out these documents again,
     8        because it strikes me that they must all be about what the
     9        Company was doing with publicity about the case which bear
    10        about this paper and about London Greenpeace which must
    11        therefore be relevant.  I do not really see how it can be
    12        about anything other than publicity.
    13
    14   MR. RAMPTON:  My Lord, there are 2 answers to that.  The first
    15        is that, no, the rest of the materials exercise was done in
    16        our usual way by Mr. Atkinson and myself.  There are 2
    17        answers.  The first is, no, a good deal that is not there
    18        had nothing to do with the issues arising out of the
    19        counterclaim, or indeed the action itself.  The second
    20        answer is that a good deal of the material that was
    21        concerned with this is concerned with this case, but
    22        reflects the advice given by the solicitors and counsel and
    23        is therefore privileged.
    24
    25   MS. STEEL:   I do not accept that anything in these documents
    26        from the communications company, Scope Communications
    27        Company, can be anything which is privileged because it is
    28        not a communication between the lawyers and the
    29        Plaintiffs.  Therefore, it should not be blacked out for
    30        that reason, and, as far as I can see, it is all about
    31        London Greenpeace and about this court case, and therefore
    32        it must all be relevant.  I make an application for it to
    33        be disclosed.
    34
    35   MR. JUSTICE BELL:  What is the position about matters which
    36        refer to advice but are not communications between ----
    37
    38   MR. RAMPTON:  My Lord, it starts at page 444 of the White Book,
    39
    40   MR. JUSTICE BELL: Page?
    41
    42   MR. RAMPTON:  Page 444, volume 1, of the White Book, at 24/5.
    43
    44   MR. JUSTICE BELL:  Let me complete my note.
    45
    46   MR. RAMPTON:  Sorry.
    47
    48   MR. MORRIS:  I think the witness will be asked if he would like
    49        to sit down.
    50 
    51   THE WITNESS:  I am fine. 
    52 
    53   MR. JUSTICE BELL:  It is easier if you sit down because then it
    54        is clear you are taking no part in the discussion,
    55        Mr. Preston.
    56
    57   MR. RAMPTON:  There are two very short passages which knock this
    58        application on the head for good and all:  first of all,
    59        24/5/A(b):  "Communications privileged only when litigation
    60        is contemplated".

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