Day 259 - 10 Jun 96 - Page 66


     
     1   MR. JUSTICE BELL:  What is the legal matter or the legal matters
     2        which you wanted to raise?
     3
     4   MR. MORRIS:  There is quite a lot of outstanding things to do
     5        with documentation.  We are not going to do the privilege
     6        argument today.  We are going to try and consider that
     7        overnight.
     8
     9   MR. JUSTICE BELL:  The privilege point arises at a time when you
    10        ask a question either to elicit information or a document,
    11        and Mr. Rampton stands up and says that Mr. Morris or
    12        Ms. Steel is not entitled to that information because it is
    13        covered by legal professional or litigation privilege.
    14        Then I hear an argument about it.
    15
    16   MR. MORRIS:  We may have a barrister who is prepared to come in
    17        and argue a general submission on the discloseability of
    18        the documents that have been claimed to be privileged,
    19        which we would say we are entitled to, in any event.  We
    20        want to study the authorities tonight and then see if we
    21        can make an application tomorrow or, if the court agrees,
    22        he may be able to speak on our behalf.
    23
    24   MR. JUSTICE BELL:  I tried to explain on Friday that I want any
    25        argument to come in a practical situation, not just a
    26        general argument as to what general classes of documents
    27        might be covered in privilege and immune from disclosure,
    28        because I can see all sorts of difficulties, as I tried to
    29        explain Friday afternoon, in relation to that.
    30
    31   MR. MORRIS:  The witness could start, and then we could put what
    32        is in this document.
    33
    34   MR. JUSTICE BELL:  What will happen is, if you ask for
    35        information or documentation which Mr. Rampton objects to
    36        on the basis of privilege, then I will hear the argument
    37        then.  If you say, "We are not in a position to argue
    38        that", then you will have to move on to ask him further
    39        questions, and the witness will continue (they are all men)
    40        his evidence, and the question of deciding privilege will
    41        be stored up.  But I do not want to store it up to the
    42        extent that the witness leaves the witness box with all
    43        these loose ends hanging there and then has to be brought
    44        back.
    45
    46        When you say a barrister to argue it, do you mean actually
    47        to represent you in court for the purposes of that or to
    48        sit behind you as a McKenzie Friend?
    49
    50   MR. MORRIS:  If the court is willing, he has indicated he may be 
    51        prepared to do the submission for us, and obviously that is 
    52        with the leave of the court and the other party. 
    53
    54   MR. JUSTICE BELL:  I will hear what Mr. Rampton has to say about
    55        that.  Unless Mr. Rampton has an objection, subject to
    56        checking with the member of the Bar concerned, I may well
    57        not have any objection to a barrister standing in to argue
    58        a specific point.  My main purpose will be to make the
    59        right decision, and if I think that will help me then
    60        I might well be amenable to that.

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