Day 188 - 15 Nov 95 - Page 61


     
     1   MR. RAMPTON:  It is a case called Brinks Limited v. Abu-Saleh &
     2        Ors.  The reference is [1995] 1 W.L.R. 1487.  It is a
     3        judgment at first instance by Rymer J. in which he very
     4        helpfully summarises, by reference to a judgment of the
     5        Privy Council in two cases actually on page 1497, the
     6        distinction between reports of what are said which are
     7        objectionable, what has been said which are objectionable
     8        by way of hearsay, and reports which are not objectionable
     9        because what matters is what he said and not the truth of
    10        it.  That is the bottom of 1497 and the top of 1498.
    11
    12        Then, in general, the substance of the judgment is also
    13        helpful, not for this purpose but for the purposes of this
    14        case generally, because it explains in what circumstances
    15        (if any) a Civil Evidence Act statement may contain
    16        hearsay.  As your Lordship will see, if Mr. Justice Rymer
    17        is right, those circumstances are very limited.
    18
    19   MS. STEEL:   Could you give the name of that case again,
    20        please?
    21
    22   MR. JUSTICE BELL:  It is Brinks Limited.  It is all to do with
    23        the Brinks Mat robbery ---
    24
    25   MR. RAMPTON:  That is right.  It was a civil claim.
    26
    27   MR. JUSTICE BELL:  -- and recovery of money from those who might
    28        have taken part in it.
    29
    30   MR. RAMPTON:  My Lord, I will -----
    31
    32   MS. STEEL:  Is there another name, or do we not need that?
    33
    34   MR. JUSTICE BELL:  Brinks Limited v. Abu-Saleh.
    35
    36   MR. RAMPTON:  A-B-U--S-A-L-E-H.
    37
    38   MS. STEEL:  Thank you.
    39
    40   MR. JUSTICE BELL:  What I suggest we do -- there is nothing in
    41        there which is inconsistent with anything I have said so
    42        far, is there?
    43
    44   MR. RAMPTON:  Absolutely nothing.  In fact, there was nothing
    45        inconsistent with any submission that I have yet made in
    46        the case.
    47
    48   MR. JUSTICE BELL:  What I suggest we do, quite frankly I would
    49        not bother to try and get to grips with that before dealing
    50        with Mr. McGee ----- 
    51 
    52   MR. RAMPTON:  I only mentioned it now. 
    53
    54   MR. JUSTICE BELL:  I will take the five minute break now.  When
    55        I come back you can address me on anything you want to
    56        which Mr. Rampton has objected to in Mr. McGee.  We will
    57        then read Mr. McGee.  We will see if there is anything else
    58        we can usefully read, including Mr. McCann -- it matters to
    59        me not when he is read -- and then we will break off in
    60        time, certainly this afternoon, for you to make a photocopy

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